NARENDRA MOHAN KASLIWAL, J. - (1.) THE case of the petitioners is that in village Sinota, Tehsil Pipalda, District Kota, one Shri Chhittar Lal s/o Bhura Lal Gujar was the Muafidar of 190 bighas 19 biswas of land comprising Khasra Nos. 211, 298 and 328. A certified copy of the Jamabandi for the Samvat Year 2011 to 2014 has been annexed and marked as Annexure -1, According to the petitioners their father Jagannath s/o Sarwan was cultivating 43 bighas 6 biswas of land comprised in Khasra No. 328 as a sub -tenant since Samvat 2009 -2010. At the time of the coming into force of the Rajasthan Tenancy Act, 1955 (here in after referred to as 'the 1955 Act)' on October 15, 1955, the petitioner father Shri Jagannath was entered as Zaili (Sub -tenant in the annual registers and as such he acquired khatedari rights under section 19(1)(a) of the Act.
(2.) IT has been further alleged that Muafi lands of Shri Chhittar Lal were resumed under provisions of the Rajasthan Land Reforms and Resumption Jagirs Act, 1952 with effect from July 1, 1958 and the right, title and interest of Chhitar Lal and every other person claiming through him in his Muafi lands stood resumed to the Government free from all encumbrances. It has been further alleged that Shri Jagannath expired in the year 1968 and he was survived by the petitioners, who are his sons and the land in question was cultivated by Shri Jagannath during his life time and after the death of Jagannath it is cultivated by the petitioners, Shri Chhitar Mal Muafidar died in the year 1965 and he is survived by the respondents. The case of the petitioners further is that on May 14, 1969 Patwari of the Halka upon Mutation No. 160 of village Sinota at the instance of petitioner No. 1 for entering the name of the petitioners as Khatedars of the land in question. The said mutation was checked by the Inspector Land Records and after making necessary inquiry and giving notice to the respondents the Tehsildar Pipalda vide order dated June 16, 1969 held that the Khatedari rights had accrued to deceased Jagannath under the provisions of the 1955 Act and since he was dead the names of the petitioners were ordered to be entered as khatedari tenants of the disputed land. It has been alleged that in the mutation proceedings the respondent did not appear despite service of notice and therefore ex parte proceedings were ordered to be taken against them. In compliance of the order of the Tehsildar dated June 16, 1969, orders were passed in mutation No. 160 of village Sinota, Tehsil Pipalda on June 24, 1969 and the land comprised in Khasra No. 328 measuring 43 bighas 6 biswas was ordered to be mutated in favour of the petitioners vide Annexure -2.
(3.) THE respondents aggrieved against the order of the Tehsildar Pipalda dated June 24, 1983 filed a revision in the Board of Revenue for Rajasthan, Ajmer. The Board vide its order dated May 13, 1977, (Annexure 3) set aside the order of Tehsildar dated June 16, 1969 and also cancelled the mutation carried out as a result of that order. The Board of Revenue held that there was no provision of law under which the Tehsildar could act. In the opinion of the Board of Revenue there seemed to be a dispute between the Jagirdar and cultivator and since the original cultivator and the Jagirdar had died if anyone wished to establish his title a revenue suit had to be filed. The petitioners aggrieved against the judgment of the Board of Revenue (Annexure 3) have filed the present writ petition.;