- (1.) This appeal is barred by limitation from 238 days. An application is preferred as per the provisions of Section 5 of the Limitation Act to have condonation of the same.
(2.) While examining the application, we have also considered merits of the case.
(3.) The factual matrix necessary to be noticed is that a Patta for a chunk of land measuring 19200 Sq. Yard was issued by the Tehsildar, Shri Doongargarh on 06.09.1966. In respect thereof, requisite charges were deposited. A notice as per the provisions of Section 91 of the Land Revenue Act was served upon the lessee on 01.11.1985, but that was set aside by the Additional District Collector, Churu by an order dated 30.06.1986. Accordingly, the land aforesaid was entered in the name of lessee in the Revenue records. Relying upon a notification dated 03.03.1978, proceedings were initiated to dispossess the respondents from the land in question by treating them trespassers. The order dated 08.08.2008 treating the respondents trespassers and imposing penalty upon them was questioned by way of filing an appeal before the Additional Collector, Bikaner. The appeal came to be allowed by the Additional Collector vide order dated 09.04.2010. Aggrieved by the order aforesaid, the Regional Forest Officer preferred an appeal under Section 76 of the Land Revenue Act before the Revenue Appellate Authority, that came to be dismissed on 14.03.2011. The order aforesaid was also affirmed by the Board of Revenue on being dismissal of the revision petition preferred giving challenge to the order dated 14.03.2011. The appellant-petitioners herein then preferred a petition for writ, that came to be dismissed by learned Single Bench under the order impugned.;