GOPA RAM MEGHWAL & ORS. Vs. STATE OF RAJ. & ORS.
LAWS(RAJ)-2016-10-110
HIGH COURT OF RAJASTHAN
Decided on October 04,2016

Gopa Ram Meghwal And Ors. Appellant
VERSUS
State of Raj. And Ors. Respondents

JUDGEMENT

VIJAY BISHNOI,J. - (1.) This writ petition under Article 227 of the Constitution of India has been filed by the petitioners being aggrieved with the order dated 26.2.2016 passed by the Board of Revenue for Rajasthan, Ajmer, whereby the Board of Revenue has dismissed the reference made to j it by the Additional District Collector, Jalore (hereinafter referred to as "?the Trial Court "?) under Section 82 of the Rajasthan Land Revenue I Act, 1956 (hereinafter referred to as "?the Act of 1956 "?) read with I Section 221 of the Rajasthan Tenancy Act, 1955 (hereinafter referred I to as "?the Act of 1955 "?) vide order dated 19.9.2013.
(2.) Brief facts of the case are that the petitioners field an application before the Trial Court under Section 82 of the Act of 1956 read with Section 221 of the Act of 1955 while claiming that the land of Khasra Nos. 199 and 198 of village Kharal Tehsil Jalore was recorded in the name of their father, however, the said land was wrongly entered into the name of non-petitioners Nos. 2 to 7. It is contended that the father of the petitioners was a Member of scheduled Castes and as per Section 42 of the Act of 1955 the said and cannot be transferred in the name of a Member of General Caste. In the reference application, the petitioners have essentially prayed for cancellations of the mutation entries Nos. 63 and 69, whereby the name of the non-petitioner Nos. 2 and 7 have been entered in the revenue records.
(3.) The Trial Court vide order dated 19.9.2013 has made a reference to the Board of Revenue with the recommendation that the judgment and decree dated 3.12.1964 passed by the SDO and the mutation entries Nos. 63 and 69 sanctioned thereafter be set aside.;


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