- (1.) The appellants have challenged the order dated 11th October, 2001 passed by the learned Single Judge dismissing the writ petition where appellants had challenged the order passed by the Board of Revenue dated 6th November, 1987 and also order on review petition.
(2.) Learned counsel for appellants submits that by a "Kaifiyat" (Inam) dated 15th June, 1926, the ancestors of the appellant Mohammad Shahml given land for residence by the then His Highness, Jaipur. In the "Missal Hakiyat" or Samvat 1981, the entires of "kaifiyat" were made. After death of Mohammad Shah, the name of his predecessor Sheruddin Khan was era in the "Missal Hakiyat" of Samvat 1987. In Samvat 2015, the land given "kaifiyat" was recorded as "Sivai Chak" (Government land) during the settlement proceedings. Out of total land allotted to the predecessor of appellant, Khasra Nos. 68 and 69 have been used for a road. Khasra Nos. 65, 66, 69 and 71 had been allotted by the U.I.T., Jaipur to others treating it to be sivai chak" (government land). The allottees have made construction through it is illegal. Khasra Nos. 315 and 63 are in possession of the appellants where residential houses are also existing.
(3.) In the year 1953, the Government issued Notification under Section 4 of the Rajasthan Land Acquisition Act, 1953 (in short "the Act of 1953") for acquisition of part of the land. On 19.08.1955, the Land Acquisition Officer, Jaipur wrote a letter bringing out the fact about "kaifiyat" in favour of ancestors of the present appellants. The land acquisition proceedings were accordingly dropped. On 10.02.1967, a notice was served on the appellants alleging unauthorized occupation of the land in dispute, however, the proceedings initiated under Section 91 of the Rajasthan Land Revenue Act (in short "the Act") were also dropped. The U.I.T., Jaipur however initiated proceeding for ejectment but it was also dropped on 17.11.1981.;