K.S.JHAVERI,J. - (1.) By way of this appeal, the appellants have challenged the judgment and order of the learned Single Judge whereby the learned Single Judge has dismissed the petition and confirmed the order passed by all the authorities SDO, RAA and Board of Revenue.
(2.) Counsel for the appellants contended that this Court issued notice on 5th December, 2007 and while allowing the application under Order 41 Rule 27 CPC passed the following order:- "By the application (25861 dated 27.8.2007), the appellants pray for taking on record the following documents: (i) The copy of the application dated 23rd August, 2007 made by the appellants before the Public Information Officer, Jaipur; (ii) Receipt dated 23rd August, 2007 issued by the Settlement Department; (iii) The letter dated 25th August, 2007 issued by the Additional Commissioner, Settlement Jaipur-cum-Public Information Officer, Jaipur; and (iv) The copy of the Circular dated 6.12.1989. 2. The Additional Government Advocate has no objection if the aforesaid documents are taken on record for consideration in the appeal. 3. The application is, accordingly, granted. The afore-referred documents are taken on record. 4. The office shall place these documents at an appropriate place in the file of the special appeal. 5. Application (25861 dated 27th August, 2007) stands disposed of."
(3.) While admitting the matter, this Court has observed as under:- "We heard Mr. K.K. Mehrishi, senior counsel for the appellant and Mr. B.L. Awasthi, Additional Government Counsel. We also perused the communication dated 25.8.2007 sent by the Additional Settlement commissioner to appellant No. 1 stating therein that the erstwhile khasra no. 13 (admeasuring 23 bigha 19 biswa) as recorded in bandobast Samvat-Year 2015-2034 is now Khasra No. 15. 2. The matter requires consideration. 3. Hence, admit. 4. Mr. B.L. Awasthi, Additional Government Counsel waives service for respondents No. 1 to 5. 5. The ad-interim order dated 5th February, 2007 shall remain operative until disposal of appeal.";