SRI KISHAN Vs. BOARD OF REVENUE

JUDGEMENT

(1.) These two writ petitions, CWP Nos. 2420/2004 and 126/2004, having been filed against the same order dated 18.6.2003 (Annex.5) as passed by the Board of Revenue for Rajasthan, Ajmer ('the Board') in Revision petition No.94/1997 have been heard together and are taken up for disposal by this common order.

(2.) The dispute relates to mutation in the record of rights after demise of Moola Ram, father of the petitioners in these writ petitions. The petitioners Sri Kishan and Deep Chand (CWP No.2420/2004) assert that mutation be effected in their favour with reference to a Will allegedly executed by late Shri Moola Ram; and such a claim is being resisted by the other petitioner Laxman (CWP No.126/2004). By the impugned order dated 18.6.2003, the Board of Revenue has remanded the matter to the Tehsildar concerned for passing appropriate orders afresh in relation to such mutation; and the contesting parties have filed these separate writ petitions being aggrieved of the directions so issued by the Board.

(3.) There had been repeat rounds of litigation between the parties before passing of the impugned order by the Board of Revenue. In brief, the background facts and relevant aspects could be noticed thus : The said Shri Moola Ram was jointly a khatedar with his brothers Tulsi Ram and Shanker Lal, all sons of Magha Ram in relation to the land comprised in Khasra No. 45 at village Deegari, Tehsil Jodhpur measuring 2 bighas 3 biswas. After demise of Shri Moola Ram, in his place, the names of the petitioners of CWP No. 2420/2004, Sri Kishan and Deep Chand, were ordered to be mutated on 28.2.1983 by the Tehsildar, Jodhpur under Mutation Entry No.159. The said mutation order was challenged by the other sons of Moola Ram, Laxman (petitioner of CWP No. 126/2004) and Ram Chandra; and the appeal preferred by them bearing No.44/1990 was allowed by the Additional Collector, Jodhpur on 18.3.1991. The learned Additional Collector set aside the order passed by the Tehsildar and remanded the matter with the directions that the inquiry be held in relation to all the heirs of the deceased Moola Ram.