DINESH MEHTA,J. - (1.) Instant writ petition has been filed by the petitioner challenging the judgment/order dated 11.06.2004 passed by the Board of Revenue for Rajasthan, Ajmer, whereby the reference made by Additional District Collector, Tonk, vide order dated 22.02.2001, has been allowed and the mutation entry no. 471 in favour of father of the petitioner Sh. Ganga Ram in relation to the land measuring 3 bighas 15 biswas in revenue village Tonk, has been set aside.
(2.) The facts, in brief, leading to this litigation to this court are that 3 Bighas 15 Biswas of land of Khasra No. 6959 situated in Tehsil Tonk has been mutated in the name of Gangaram in the year 1960, as a result of order dated 03.02.1960 passed in settlement proceedings. Since then, the petitioners/their predecessor have been enjoying cultivatory possession over it.
(3.) A reference application came to be filed by the Tehsildar Tonk, for setting aside mutation entry no. 471, which came to be rejected by a detailed order dated 28.09.1989, passed by the Additional Collector Tonk, holding that Gangaram, father the petitioners, was cultivating the land for which he was conferred 'khatedari' rights by virtue of provision of Section 19 of the Rajasthan Tenancy Act, 1955 (for short, 'the Act of 1955'). The Additional Collector further observed that Gangaram was having possession over the land for last 51 years.;