- (1.) This petition is directed against order dated 28.2.97 of the Board of Revenue Rajasthan, whereby an application preferred by the State of Rajasthan under Section 9 of Rajasthan Land Revenue Act, 1956 ( for short "the Act") questioning the mutation no.52 and 60 of the land ad measuring 7 bighas 6 biswas comprising khasra no.258 situated at village Avloj, Tehsil & District Jalore, recorded in the name of the petitioners have been cancelled and the land in question is directed to be recorded in the name of Deity Shri Vishnu Bhagwan.
(2.) The relevant facts are that Shri Uda s/o Chatra Saadh sold the agriculture land measuring 7.06 bighas comprising khasra no.258 situated at village-Avloj, claiming the same to be his khatedari land, in favour of the petitioners no.1 & 2 herein, vide registered sale deed dated 10.10.63. On the strength of the sale deed executed as aforesaid, the land was mutated in the name of the petitioners no.1 & 2, vide mutation No.52 dated 22.1.64. On 4.4.64, the petitioner no.1 & 2 further transferred the land in favour of the petitioner no.3 and accordingly, the land was mutated in his name vide mutation No.60.
(3.) In the year 1989, Tehsildar made an application under Section 82 of the Act before the Additional Collector, Jalore for cancellation of the aforesaid mutation Nos. 52 & 53 on the ground that the land in dispute belongs to Doli banam Mandir Shri Vishnu Bhagwan and Uda s/o Chatra had no right to transfer this land in favour of the petitioner no.1 & 2. The petitioners contested the application by filing a reply thereto taking the stand that the said land was never land of Doli in the name of Mandir Shri Vishnu Bhagwan rather, it was khatedari land of Uda. The petitioners relied upon khasra bandobast pertaining to Samvat 2003-04 in order to show that the name of Doli banam Mandir Shri Vishnu Bhagwan has been entered into the documents by way of interpolation in different ink and different hand, without there being any order of the competent authority. The Additional Collector, Jalore, vide order dated 24.7.91, rejected the application preferred by the Tehsildar, Jalore to make a reference to the Board of Revenue.;