Alok Sharma, J. - (1.) THIS petition has been filed impugning the order dated 28 -2 -1983 passed by the Board of Revenue Ajmer (hereinafter 'the Board') as also the order dated 19 -10 -2004 passed by the Nayab Tehsildar Neemrana Tehsil Behror District Alwar.
(2.) AT the outset counsel for the petitioner was required to satisfy this court as to why the writ petition filed in the year 2005 challenging the order dated 28 -2 -1983 passed by the Board ought to be entertained and not be dismissed on the ground of laches. Counsel for the petitioner has submitted that in the first instance a challenge was made by the petitioner to order dated 19 -10 -2004 passed by the Nayab Tehsildar Neemrana (wrongly recorded in caption of the writ petition No. 2080/2005 as 25 -9 -2003). However permission for the writ petition being withdrawn with liberty to challenge the order dated 20 -2 -2003 (wrongly recorded for 28 -2 -1983) passed by the Board was allowed. The said order dated 30 -3 -2005 was in the circumstances subsequently modified on 8 -7 -2005, wherein it was clarified that in the earlier order reference to the order dated 20 -2 -2003 be read as 28 -2 -1983. Counsel for the petitioner submits that in view of liberty granted by this court, this writ petition ought not to be dismissed on ground of laches as it has been filed immediately following the liberty granted. On merits, Counsel further submitted that in any event the Assistant Collector Behror vide judgment and decree dated 6 -8 -2003 in a suit for declaration and permanent injunction directed the Nayab Tehsildar Neemrana to make entries in revenue record inter alia in the name of petitioners and/or their predecessor in interest. But the said judgment and decree dated 6 -8 -2003 was not treated as enforceable and mutation No. 574 was cancelled by the Tehsildar, Neemrana Tehsil Behror District Alwar vide order dated 19 -10 -2004 without legal sanction for reasons of a purportedly contrary judgment of the Board of Revenue qua the land in question rendered on 28 -2 -1983 where under the purchase of the land by the predecessors in interest of the petitioners was declared to be null and void and not recognized for reason of being made by one Bhanidas in the contravention of Section 6 of the Rajasthan (Imposition of Ceiling on Agricultural Holdings) Act, 1973 (hereinafter the Act of 1973'). It has been submitted that the petitioners are entitled to the benefits of the judgment and decree dated 6 -8 -2003 passed by the Assistant Collector Behror and the judgment of the Board rendered on 28 -2 -1983 under the Act of 1973 and the consequential order dated 19 -10 -2004 based thereon are liable to be set aside or in any event held not affecting the petitioners' rights as declared by a competent revenue court.
(3.) REPLY to the writ petition has been filed. It has been submitted that the order dated 19/ -10 -2004 passed by the Nayab Tehsildar Neemrana is an appealable one before the Assistant Collector, and therefore the writ petition there against is not maintainable as the petitioner has an alternative remedy. It has been further submitted that in any event in the writ petition a challenge made to an order dated 28 -2 -1983 passed by the Board, is grossly belated having been made after about 23 years. No plausible cause for the delayed challenge has been set out, and therefore the writ petition is liable to be dismissed on ground of laches alone.;