- (1.) THIS appeal is directed against the judgment dt. 29.11.2006 passed by the learned Single Judge whereby the writ petition of the appellants challenging the judgment of the Assistant Collector, Jaipur dt. 10.04.1992 and the Board of Revenue dt. 20.01.1997 was dismissed.
(2.) WE have heard Shri K.K. Mehrishi, learned Senior Advocate for the appellants and Shri Bharat Vyas, learned Additional Advocate General for the respondents. Factual matrix of the case is that the predecessors -in -title of the appellants filed a declaratory suit alongwith an application seeking temporary injunction in the Court of Assistant Collector, Chaksu, Camp Court Sanganer on 29.12.1989 against respondent State of Rajasthan and respondent No. 4 Nathu. The Assistant Collector however by his order dt. 24.09.1991 dismissed the suit as well as the application for temporary injunction. Aggrieved therefrom, they filed an appeal before the Revenue Appellate Authority, Jaipur. The Revenue Appellate Authority by its judgment dt. 29.10.1991 allowed the appeal filed by the appellants and remanded the matter back to the Court of Assistant Collector. The Assistant Collector again by his judgment dt. 10.04.1992 dismissed the aforesaid revenue suit filed by the appellants. When the appellant again filed the appeal before the Revenue Appellate Authority, the Authority by its judgment dt. 13.07.1992 this time decreed the revenue suit filed by the appellants. Feeling aggrieved thereby, the State of Rajasthan and the Jaipur Development Authority filed two separate appeals before the Board of Revenue. The Board of Revenue by its judgment dt. 20.01.1997 while setting aside the judgment of the Revenue Appellate Authority allowed the said appeals and dismissed the revenue suit filed by the plaintiff -appellants. The review petition filed by the appellants was also dismissed by the Board of Revenue by its judgment dt. 07.07.1997. It was against these judgments that the appellants filed writ petition before the learned Single Judge which was also dismissed by judgment dt. 29.11.2006.
(3.) THE case set up by the plaintiffs in the plaint as originally filed in the First Revenue Court was that the lands comprising in former Khasra No. 94/ 1, 94/3 and 86/2 of which the present Khasra Nos. were Khasra No. 135 measuring 8 Bigha 5 Biswa and Khasra No. 136 measuring 31 Bigha 7 Biswa, in all 39 Bigha 12 Biswa situated in Village Paldi Meena, Tehsil Sanganer, District Jaipur, were in their cultivatory possession since the time of the Jagirdars. The plaintiff Nos. 1 to 6 had half share in the said land whereas the plaintiff No. 7 had half share. Due to mistake on the part of the subordinate staff of the Revenue/Settlement Department, the land has been wrongly entered as pasture (charagah) land. On account of it, the functionaries of the State are bent upon to dispossess the plaintiffs from the disputed land. It was contended that the defendant Nathu, who is respondent No. 4 herein, was their Hali (Agricultural labourer) and his name appeared in the revenue records, but in fact the plaintiffs are in possession of the disputed land. He was therefore impleaded as proforma respondent but no relief was sought against him. The plaintiffs submitted certified copy of the khasra Girdavari of the disputed land from Samvat -Year 2013 to 2019. It was on the basis of these pleadings that the prayer for declaration of the plaintiffs as the khatedar -tenant of the suit lands and correction of the entries in terms of such declaration was made and simultaneously prayer for issuing injunction order was also made.;