Sangeet Lodha, J. - (1.) THIS writ petition is directed against order dated 31.5.07 passed by the Board of Revenue, whereby while dismissing the revision petition preferred by the petitioner under Section 84 of Rajasthan Land Revenue Act, 1956 (for short "the Act"), against the order dated 21.9.05 passed by the Additional Divisional Commissioner, the directions are issued to maintain the mutation entry No. 5 recorded in the name of Udailal, the respondent herein, in respect of the land in question.
(2.) THE relevant facts are that the land measuring 1.48 hectare comprising khasra No. 268 of revenue Village -Jafarpura, Patwar Halka Semaliya, District -Chittorgarh, was recorded as khatedari land of Shri Bhagwanlal. The land in question was sold by petitioner's mother in favour of Shri Udailal s/o Khema by way of registered sale deed. Accordingly, the land was entered in the revenue record in the name of Shri Udailal vide mutation entry No. 5 dated 29.10.88. Aggrieved thereby, the petitioner's mother Smt. Barji preferred an appeal stating that the land in question is being managed by her daughter, the petitioner herein, who has share therein. It was contended that the sale deed was got executed by Udailal in his favour by committing fraud. The appeal preferred by Smt. Barji was allowed by the Sub Division Officer (SDO), Chittorgarh vide order dated 23.10.89 and while cancelling the mutation entry No. 5 recorded in the name of respondent -Udailal, the matter was remanded to the Tehsildar for passing an appropriate order afresh after giving an opportunity of hearing to both the parties. In the meantime, Smt. Barji executed a Will in respect of the disputed land in favour of the petitioner herein. Later, the land was mutated in the name of the petitioner by inheritance without passing any order pursuant to the remand order passed by the SDO, Chittorgarh, as aforesaid. After a lapse of about 15 years, the Tehsildar, Chittorgarh recommended to the District Collector, Chittorgarh vide communication dated 3.5.04 to cancel the mutation recorded in the name of the petitioner and further to enter the mutation in the name of the respondent -Udailal.
(3.) AFTER hearing both the parties, the District Collector, Chittorgarh rejected the prayer for change of mutation entry observing that if Udailal has any grievance with regard to the mutation entered, he must avail the remedy of appeal before the court of competent jurisdiction.;