1 S.B.CIVIL WRIT PETITION NO.4402/2006 Urban Improvement Trust, Jodhpur v. Ganpat Singh & Ors. Date of Order :: 11th September, 2007 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. S.G.Ojha, for the petitioner. .... While accepting the appeal preferred by respondent Shri Ganpat Singh, the Revenue Appellate Authority, Jodhpur by order dated 30.3.2000 held that the land measuring 90 bighas in khasra No.75 and 107 bighas in khasra No.17 in village Ghadav was erroneously included by the Collector with the land kept reserved for development of housing scheme by the Urban Improvement Trust, Jodhpur. A specific finding was given by the Revenue Appellate Authority that the land aforesaid was not Raj Rakba but was owned by Shri Ganpat Singh in view of the order dated 12.10.1992 passed by the Revenue Appellate Authority, Jodhpur in Appeal No.15/1990. The Board of Revenue by its order dated 23.1.2006 affirmed the order dated 30.3.2000 by rejecting the appeal preferred by petitioner Urban Improvement Trust. While giving challenge to the orders aforesaid, the contention of counsel for the 2 petitioner is that the land in question was in possession of the petitioner and necessary entries in revenue record was made on 6.5.1998 in name of Urban Improvement Trust, Jodhpur, therefore, no khatedari rights of respondent Shri Ganpat Singh were in existence. Having considered the contention raised by counsel for the petitioner and on examination of orders impugned, I do not find any merit in this petition for writ. The Revenue Appellate Authority, Jodhpur in quite unambiguous terms held that the land was transferred in favour of Shri Ganpat Singh under an order passed by the Collector on 17.5.1990 and further the mutation in his favour was to be made in pursuant to the judgment passed by the Revenue Appellate Authority, Jodhpur on 12.10.1992 in Appeal No.15/1990. The finding aforesaid found favour by the Board of Revenue also. The petitioner failed to satisfy as to why and how the land in question could have been treated under the khatedari of Urban Improvement Trust, Jodhpur after the order of transfer of land passed by the Collector, Jodhpur and the judgment dated 12.10.1992 passed by the Revenue Appellate Authority, Jodhpur in Appeal No.15/1990. The orders impugned, for the reasons given above, are just, valid and proper, thus, no interference under Article 227 of the Constitution of India is warranted. 3 The petition for writ is dismissed accordingly. ( GOVIND MATHUR ),J. Kkm/ps.