SB CIVIL WRIT PETITION NO.6784/1999 (Jagannath Prasad and anr. Vs. Board of Revenue and anr.) Date of Order :: 19-2-2008 HON'BLE MR. JUSTICE P.S. ASOPA Mr.M.C.Jain & Mr.Anil Upman, for the petitioners. Mr.Arjun Karnani & Mr.Rajendra Kumar Sharma, for the respondents. By this writ petition, the petitioner has challenged the order of making reference dated 26.3.1996 (Annex.3) passed by the Addl. Collector, Dholpur and order dated 6.7.99 passed by the Board of Revenue, Ajmer on the reference made by the Collector vide order dated 26.3.1996. Briefly stated the facts of the case are that the matter relating to the disputed land was referred to by the Collector vide order dated 26.3.96 to the Board of Revenue on the ground that the present Khasra no.1196 measuring 19 biswas situated in village Bari, earlier khasra number of which was 1023/1 and 1023/4, is in the name of Makbara Meer Mazar Ali Shah and no right has been accrued to the petitioner. The case of the petitioner is that as per Jamabandi (Khatoni) of the Samvat year 2022 to 2025, the land has been shown in the name of Karan Singh in respect of khasra no.1196 which is corresponding to the earlier khasra nos.1023/1 and 1023/4. It is submitted that the Board of Revenue has committed an error in not considering the Jamabandi in which the name of Karan Singh was entered in column no.5. It is further submitted that there were other documents filed by the petitioner before this court showing that in the report of WAKFS existing in Rajasthsn State, District Bharatpur, even in column no.2, out of town or village, Bari has been mentioned. However, in the next page at column no.246, Makbara Meer Mazhar Ali Shah has been shown to be in khasra no.1022 with boundary wall. Further submission of the counsel for the petitioner is that Makbara Meer Mazhar Ali Shah is in khasra no.1022 and predecessors of the petitioners were agriculturists over the land of khasra no.1196 corresponding to 1023/1 and 1023/4 but the document of which was not available with the petitioners at the time of relevant decision of the reference by the Board of Revenue. The Government Advocate has supported the reference and submitted that Makbara Meer Mazhar Ali Shah is situated at khasra no.1023/1. I have gone through the record of the writ petition and considered the rival submissions of the parties. In my view, the respondents ought to have filed the report of the WAKF property, Distt. Bharatpur before the Board of Revenue and not filing the same will cause injustice to them, therefore, I allow them to file the same before the Board of Revenue. Accordingly, the writ petition is partly allowed. The order of the Board of Revenue dated 6.7.99 is set aside and the matter is remanded back to the Board of Revenue which will decide the matter afresh within a period of four months from today after considering all above aspects of the matter. The petitioners shall be free to raise other objections before the Board of Revenue. Meantime, the parties shall maintain the status quo on the existing land in dispute. (P.S. ASOPA),J. Sandeep/- s/3