Sangeet Lodha, J. - (1.) BY way of this petition, the petitioner has questioned legality of order dated 19.2.15 of the Board of Revenue, Rajasthan, whereby while accepting the reference made by the Additional District Collector, Churu, the khatedari of land measuring 27 bighas and 3 biswas comprising khasra No. 163, recorded in the name of Smt. Kunni, which is alleged to be the land initially entered in the revenue record as johad may paitan mufid aam and later as gauchar, has been cancelled.
(2.) THE relevant facts are that land ad measuring 27 bighas and 6 biswas comprising khasra No. 131 situated in village -Sandwa, Tehsil Sujangarh was recorded as johad may paitan mufid aam in the revenue record of Samvat 2002. Later, in the Jamabandi of 2028, at the time of settlement, the said land with the new khasra No. 163, was entered in the name of Panchayat as gauchar. As per the revenue record of 2060 -63, the land was entered in the name of Smt. Kunni, widow of Ramchandra Jat, as gair khatedar. After decision of this court in the matter of Abdul Rahman's case, directing removal of the encroachment in the catchment area of the water bodies, the Tehsildar, Bidasar made an application before the Additional District Collector, Churu under Section 82 of the Rajasthan Land Revenue Act, 1956, to refer the matter to the Board of Revenue for cancellation of the entry made in the revenue record in the name of Smt. Kunni. The application was allowed by the Additional District Collector vide order dated 28.7.10 passed in Reference Application No. 70/05 and accordingly, the reference was made to the Board of Revenue. After due consideration, the Board of Revenue found that the land in question, which was initially entered in the revenue record as johad may paitan mufid aam has wrongly been entered in Jamanbandi of Samvat 2060 -63 in the name of Smt. Kunni as gair khatedar. Accordingly, the entry made as aforesaid was directed to be cancelled and the land has been ordered to be recorded in the revenue record as siway chak category johad rifa -e -aam.
(3.) THE petitioner alleged to have purchased the land in question from Smt. Kunni on 13.2.09 by way of registered sale deed, during the pendency of the application seeking reference before the Additional District Collector, Churu.;