M.N.BHANDARI,J. - (1.) By this writ petition, a challenge is made to the order dated 11.8.2010, passed by the Additional Collector Jaipur-II making reference of the case to the Board of Revenue by invoking Section 82 of the Rajasthan Land Revenue Act 1956 (for short "the Act of 1956") read with Section 232 of the Rajasthan Tenancy Act of 1955 (for short "the Act of 1955"). A further challenge is made to the order dated 25.7.2016, passed by the Board of Revenue.
(2.) Learned counsel for the petitioners submits that the petitioners were in possession of 20 bigha of land and out of it, 9 bigha of land was allotted to them while allotting 11 bigha of land to one Shri Mool Chand. The petitioners remained in possession of the land. The allotment having been made in favour of Mool Chand, petitioners preferred a suit for cancellation of allotment. The suit was decreed based on compromise. The decree therein was not challenged thus attained finality. The widow of Mool Chand namely Smt. Ratan made an application to seek reference of the case without challenging the decree. The reference was made by the Additional Collector ignoring the aforesaid and even the delay in making reference. The Board of Revenue decided reference in favour of the widow-Ratan, represented through her legal heir Santosh. The challenge to the order of Board of Revenue is on the following grounds:- (1) The Board of Revenue ignored the delay in making reference because after compromise decree in favour of the petitioner on 13.2.1996, the reference was sought in the year 2008 i.e. after 12 years. (2) The reference could not have been made when decree was existing in favour of the petitioner and had not been challenged. (3) The reference was answered despite death of legal heir Santosh during the intervening period thus reference has been decided in favour of a dead person without bringing his or her legal heirs on record.
(3.) I have considered the submissions of learned counsel for petitioners and perused the record.;