Arun Bhansali, J. - (1.) This writ petition has been filed by the petitioners aggrieved against the order dated 20.11.1995 passed by the Board of Revenue, Ajmer ('the Board'), whereby the reference made by the Collector, Bikaner under Section 232 of the Rajasthan Tenancy Act, 1955 ('the Tenancy Act') has been accepted and the judgment dated 12.05.1992 passed by the Assistant Colonization Commissioner, Kolayat has been set aside.
(2.) The petitioner Harbhaj Ram filed an application under Section 125 and 136 of the Rajasthan Land Revenue Act, 1956 ('the Revenue Act') before the Assistant Commissioner (Colonization), Kolayat ('the Assistant Commissioner'), inter alia, seeking correction in the revenue entries. It was claimed in the application that the petitioner was in cultivatory possession of land admeasuring 47 Bigha in Chak No. 5 PSM in different Murabba and Kila numbers since before Samvat Year 2012; during Chakbandi, instead of recording the land comprised in Murabba No. 162/55, 12 Bigha land in Murabba No. 162/63 has been recorded in the petitioner's name and, therefore, the same may be rectified and after deleting with the same from Murabba No. 162/63, the said land in Murabba No. 162/55 be recorded in petitioner's name as Gairkhatedar tenant.
(3.) The Tehsildar (Colonization), responded to the said application. It was, inter alia, indicated in the reply that the petitioner was recorded as Gairkhatedar tenant in respect of 47 Bighas of land in various Murabbas; qua the land comprised in Murabba No. 162/55, it was indicated that he had 7 Bigha land and in Murabba No. 162/63, he had 18 Bigha land. It was further indicated that the land comprised in Murabba No. 162/55 was reserved for special allotment under Section 13A of the Rajasthan Colonization Act and that in Kila Nos. 9 to 20 of Murabba No. 162/55, there was a Kund and Boundary Wall constructed.;