Sangeet Lodha, J. - (1.) THIS writ petition is directed against order dt. 03.10.2007 passed by the Board of Revenue, Rajasthan, whereby a revision petition preferred by the petitioners under Section 230 of Rajasthan Tenancy Act, 1955 (In short "the Act of 1955" hereinafter) against order dt. 03.10.2005 passed by the Allotting Authority cum Assistant Commissioner, Colonisation, Chhatargarh (Bikaner) allotting 19 bighas uncommand land comprising Murabba No. 99/61 Chak No. 10 -500 D.O.D.D.R. in favour of respondent No. 4 herein, has been rejected.
(2.) BRIEFLY stated the facts of the case are that the petitioners father late Shri Maloo Ram 's Khatedari land was acquired by the State Government for Mahajan field Firing Range, therefore, in lieu of the land acquired, he was allotted 50 bighas land comprising Khasra No. 169 and 13 bighas 11 biswas land comprising khasra No. 186 of village Rajiasar, tehsil Loonkarsar, district Bikaner vide order dt. 31.05.1986 passed by the Allotting Authority cum Sub Divisional Officer, Bikaner. However, the land was not found worth cultivation, therefore, on application being made by the petitioners father, he was allotted 50 bighas land comprising Khasra No. 37/8 and 13 bighas and 11 biswas land comprising Khasra No. 54 vide order dt. 01.01.1992. It is stated that after the death of their father, the names of the petitioners were entered in the revenue record on 26.12.1995. According to the petitioners, in chak bandi by the Colonisation Department, the land ad measuring 25 bighas, comprising Khasra No. 37/8 was converted in Murabba No. 119/5 and land comprising Khasra No. 54 was converted in Murabba No. 99/60 and 99/61, 25 bighas each, Chak No. 1/500 D.O.D.D.R. It is submitted on behalf of the petitioner that old Khasra No. 37/8 was of 50 bighas which was allotted to the father of the petitioners but, by mistake, the said khasra number was converted in Murabba No. 119/5 with the area 25 bighas only. Thus, according to the petitioners, the land comprising Murabba No. 119/5 should be 50 bighas instead of 25 bighas only and the land comprising old Khasra No. 54 should have been 25 bighas but, inadvertently, the same was entered as 50 bighas i.e.25 bighas comprising Murabba No. 99/60 and 25 bighas in Murabba No. 99/61. The land measuring 25 bighas comprising Murabba No. 99/61 was entered as Rakba Raj. It is claimed by the petitioners that 19 bighas land comprising Murabba No. 99/61 was allotted to one Shri Bhanwar Lal but since, the land was in possession of the petitioners, therefore, he abandoned his claim on the said land. However, the aforesaid 19 bighas land comprising Khasra No. 99/61 has now been allotted by the allotting Authority cum Assistant Commissioner, Chattargarh in Favour of the respondent Girdhari Ram vide order dt. 03.10.2005. Thus, aggrieved by the aforesaid allotment order, the petitioners preferred a revision petition before the learned Board of Revenue under Section 230 of the Act of 1955 which stands rejected vide impugned order dt. 3.10.2007.
(3.) A reply to the writ petition has been filed on behalf of the respondent No. 4 wherein the factual position set out in the writ petition has been disputed. It is submitted that after chak bandi, the aforesaid land of converted Murabbas was allotted to the petitioner 's father and was accordingly entered in his name in the revenue record. It is further submitted on behalf of the respondent No. 4 that the petitioner 's father was allotted only 6 bighas of land in Murbba No. 99/61 and therefore, the petitioners were in illegal occupation of remaining 19 bighas of land of the said Murbba, therefore, the said land being available for allotment has rightly been allotted in favour of the respondent No. 4.;