NIRMALJIT KAUR, J. - (1.) The present writ petition has been filed for setting aside the order dated 19.2.1997 (Annex.2) passed by the Additional Collector, the order of Board of Revenue dated 15.1.1998 (Annex.3) as well as the order dated 27.7.1998 (Annex.4).
(2.) The petitioner was in possession of 60 bighas of land situated in Khasra No.499. However, the same was entered as Gair Mumkin Phard instead in the name of the petitioner. The petitioner filed suit for declaration for his khatedari rights and State was impleaded as party in the suit through Tehsildar. Tehsildar did not file any written statement. The suit was decreed in favour of the petitioner on 27.3.1985 by the Assistant Collector, Barmer. The Additional Collector referred the matter under Section 232 of the Rajasthan Tenancy Act for setting aside the judgment and decree dated 27.3.1985 passed in suit No. 34/81 by the Assistant Collector, Barmer vide his order dated 19.2.1997. The Board of Revenue accepted the reference vide their order dated 15.1.1998 and set aside the judgment and decree dated 27.3.1985. The review filed by the petitioner before the Board of Revenue was also rejected vide order dated 27.7.1998.
(3.) From the above, it is apparent that the State did not file any appeal and instead invoked the jurisdiction under Section 232 of the Rajasthan Tenancy Act and referred the matter to the Board of Revenue after a gap of almost 11 years and 11 months. It is obvious that the provisions of Section 232 were invoked as no limitation is provided under Section 232 of the Rajasthan Tenancy Act, 1955 and nor Section 82 of the Rajasthan Land Revenue Act prescribes any period of exercising the power by the competent authority for calling and examining the record.;