- (1.) THIS is a writ petition directed against the judgment of the learned Board of revenue for Rajasthan dated April 17, 1968.
(2.) THE facts of the case, in brief, are that the Patwari. Kharda and the Revenue inspector, Pali reported the fact of trespass by Gambhira, Sardul, Jetha, Amara, chandra and Ganesh in the land in dispute on January 7, 1960. The disputed lands consisting of Khasra Nos. 558/1 measuring 920 bighas 8 biswas and 558/2 measuring 151 bighas 17 biswas are situated in village Kharda. tehsil pali. On this report, the non-petitioners were served with a notice as envisaged under Section 91 of the Rajasthan Land Revenue Act calling upon them to withdraw from the land trespassed by them. The Tehsildar on May 25, 1960 declared them trespassers for the St. years 2015 and 2016 and ordered their eviction from the land in dispute, and also imposed a penalty of six times the rent. As the non-petitioners failed to vacate the land trespassed by them, further proceedings were reinitiated on August 6, 1961, and again an order was passed on October 4, 1962. Out of the disputed land measuring 1072 bighas 7 biswas. 400 bighas were allotted to Deonarain Dudh Utpadak Sahkari Samiti during the St. years 2018 and 2019. Thus, the order dated October 4, 1962 related, in fact, to the area of 672 bighas 5 biswas which was still in possession of the non-petitioners as trespassers. Feeling aggrieved against the order of the tehsildar dated October 4, 1962, an appeal was filed before the learned additional Collector. Pali which was dismissed on November 19, 1963. The penalty vyas, however, reduced from six times the rent to four times the rent. Sardul, Amara, Chandra etc. filed a revision petition before the learned Board of revenue for Rajasthan, Ajmer against the order of the learned Additional collector, Pali. The revision petition was dismissed on February 7. 1967, Sardul and others feeling aggrieved against the decision of the learned Single Member of the Board of Revenue dated February 7, 1967 filed a special appeal under section 10 of the Rajasthan Land Revenue Act before a Division Bench. The learned Division Bench on April 17, 1968 allowed the special appeal, and quashed the judgments of the lower Courts. It is against this order of ihe Board of Revenue that the present writ petition has been filed.
(3.) ON behalf of the petitioner, it has been contended that the learned Division bench of the Board of Revenue erred in law in entertaining a special appeal under Section 10 of the Rajasthan Land Revenue Act when leave to appeal was not obtained from the learned Single Member who passed the order on the revision petition on February 7, 1967. It was also contended that the learned division Bench seriously erred in law in entertaining a special appeal against an order of rejection of a revision petition. It was also contended that the learned division Bench lacked inherent jurisdiction to entertain such a special appeal which was specifically barred under Section 77 (b) of the Rajasthan Land revenue Act.;