Alok Sharma, J. - (1.) THE petitioners have challenged the orders dated 26 -9 -2000 and 10 -11 -1994 passed by the Board of Revenue Ajmer (hereinafter 'the Board') dismissing their second appeal and review petition respectively.
(2.) THE facts of the case are that on or about 19 -8 -1953, land measuring 100 bighas was apparently let out to one Ramesh Chand Anil under State Government's Grow More Food campaign. Pursuant to the lease, mutation based thereon was made on 3 -8 -1954. The Rajasthan Tenancy Act, 1955 (hereinafter 'the 1955 Act'') came into force effective 15 -10 -1955. The lessee Ramesh Chand Anil applied for khatedari rights under Section 15(2) of the 1955 Act, whereupon vide order dated 31 -3 -1959 passed by the jurisdictional SDO, kahtedari rights were conferred on him. The petitioners' status as khatedar -tenant was reflected in mutation made afresh in record of rights on 29 -4 -1959. It however appears that in the following settlement, the land in the khatedari of Ramesh Chand Anil came to be entered as Sivai chak (government) land. In the circumstances, Ramesh Chand Anil filed a suit for declaration and correction of entries before the court of the Sub Divisional Officer Kota. The said suit was decreed on 26 -6 -1964 and correction of entries was accordingly made in the record of rights again reflecting the name of Ramesh Chand Anil as khatedar on 11 -2 -1965.
(3.) A reference under Section 82 of the Rajasthan Land Revenue Act, 1956 (hereinafter 'the 1956 Act') by the Assistant Collector Kota came to made on 18 -8 -1988, against khatedari rights conferred on Ramesh Chand Anil vide order dated 31 -3 -1959 and the judgment and decree dated 26 -6 -1964. It was however dismissed by the Board on 3 -1 -1989 on the ground that a reference under Section 82 of the 1956 Act was not maintainable. A further reference under Section 232 of the 1955 Act at the instance of the Additional Collector Kota followed on 20 -3 -1992.;