- (1.) Heard learned Counsel for the parties.
(2.) The appellants' predecessor Surta Ram preferred the present writ petition No. 396/1998 to challenge the order of the Board of Revenue, Rajasthan, Ajmer dated 20th June, 1997 passed in Reference Case No. 8/96/IA/Barmer whereby the Board of Revenue accepted the reference made to it by the District Collector, Barmer vide order dated 28th July, 1995 only for setting aside the judgment and decree dated 11.5.1984 and while doing so, cancelled the land allotment order dated 27.2.1979 passed in favour of appellants' predecessor Surta Ram. The writ petition was dismissed the learned Single Judge vide judgment dated 4th July, 2002, hence, this DB Special Appeal.
(3.) The facts show that a suit for declaration was filed by one Dallu S/o Shri Isan against the Tehsildar, Chautan and Surta Ram - the predecessor of the appellants in the court of Asstt. Collector (Headquarters), Barmer under Section 88 and 188 of the Rajasthan Tenancy Act, 1955 for declaration of Khatedari Tenancy right for the land of Khasra No. 171/107 measuring 72 bighas 5 biswas. The said suit was decreed by the trial court on 11th May, 1984 and Khatedari Tenancy right of the plaintiff Dallu was declared. The Tehsildar, Chautan submitted an application under Section 232 read with Section 221 of the Rajasthan Tenancy Act, 1955 before the Addl. Collector, Barmer only for sending the reference to the Board of Revenue for setting aside the said decree dated 11th May, 1984 upon which reference case No. 95/95 was registered. The Tehsildar, Chautan requested for sending the matter to the Board of Revenue for setting aside of the decree dated 15.5.1996 passed by the Astt. Collector, Barmer on the ground that land in question was pasture land over which, as per Sub-section (i) of Section 16 of the Rajasthan Tenancy Act, no Khatedari right can accrue. The said reference application for making reference was allowed by the learned Addl. District Collector, Barmer vide order dated 28,h June, 1995 after observing that since land is pasture land, therefore, the decree passed by the trial court was contrary to law. Then reference made by the learned Addl. Collector, Barmer to the Board of Revenue was allowed by the Board of Revenue vide order dated 20th June, 1997. The Board of Revenue set aside the decree dated 11th May, 1984 passed by the Asstt. Collector, Barmer and while doing so, further set aside the order of the State Government dated 27.2.1979 by which 50 bighas of land was allotted to the appellants' predecessor Surta Ram by the State Government vide order dated 27.2.1979. Surta Ram in his life time preferred the writ petition which was dismissed by the learned Single Judge vide order dated 4th July, 2002, referred above. Hence, this D.B. Special Appeal by the legal representatives of original allottee Surta Ram.;