1 CWP 6512/2002 Gopal iN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. CIVIL WRIT PETITION NO.6512/2002 Ghasi and another Versus Bhanwar Lal and others Date of order ::: July 03, 2008 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr. Nitin Jain, for the petitioners Mr.J.S.Tanwar, for the respondents BY THE COURT Vide order dated 3.3.2008, this writ petition was ordered to be listed for final disposal on 11.3.2008. However,the arguments have been heard, concluded and judgment reserved on 20.5.2008. By the instant writ petition, the petitioners have prayed for quashing the orders dated 2.9.2002 (Anx.9) passed by the Board of Revenue, the order dated 6.2.2001 (Anx.8) passed by the Revenue Appellate Authority and the order dated 17.1.1992 (Anx.7) passed by the Sub Divisional Officer, Tonk and directing the respondent Tehsildar to open mutation in favour of the petitioners in respect of the disputed lands. Facts, in brief, of the case are that the respondent Bhanwar Lal and Badri Lal sons of late Narain filed an application before the Sub Divisional Officer, Tonk for allotment of land in their favour, with the further averments 2 CWP 6512/2002 Gopal that Bhanwar Lal and Badri Lal are sons of late Narain whose land came in catchment area and for which he has received compensation. It was further submitted that they are ready to deposit compensation, therefore, the land be allotted to them. On the aforesaid application, 15 Bighas land was given to them out of the said 49 Bighas acquired land, therefore, the respondents filed another application on 31.12.1991 for allotment of the remaining 26 Bighas 10 Biswas land. The S.D.O. vide order dated 17.1.1992 allotted land measuring 36 Bighas 10 Biswas including the land of the petitioners measuring 10 Bighas 6 Biswas as Gair Khatedari rights to the respondents. Against the order dated 17.1.1992, the petitioners filed an appeal before the Revenue Appellate Authority which was dismissed on the ground of limitation. Against the same, the petitioners filed second appeal before the Board of Revenue; that too was dismissed on 2.9.2002 on the ground of limitation as well as on merit. As regards merit, the Board of Revenue has upheld the order of the SDO dated 17.1.1992 considering the fact that the land of Narain was acquired in Samwat Year 2015 whereas it was purchased by the petitioners in Samwat Year 2019, therefore, on the date of sale, the seller was not having any right to sell the government land. The respondents have filed reply to the writ petition and supported the aforesaid judgment of the SDO, Revenue Appellate Authority and the Board of Revenue, with the 3 CWP 6512/2002 Gopal further submissions that the respondents received compensation of Rs.2350.86 of the said acquired land which is not disputed and the petitioners have not filed any suit for declaration of Khatedari rights and compensation at the time of acquisition of the land in dispute and thereafter. When the seller was not having any right then the purchasers who stepped into the shoes of the seller will not get any right. Submission of counsel for the petitioners is that the land measuring 2 Bighas 5 Biswas purchased by them from the respondents vide sale deed dated 15.7.1963 for consideration of Rs.95/- was of Khasra No.411, 412, 413 and 414. Although the sale deed is not registered and there is an entry in the Bahi but still the possession was with them and further the land in dispute could not be mutated in the name of the respondents as the same was mutated as Tank Bed land and shown in the name of Irrigation Department. In addition to the above, the application of the respondents was of 26 Bighas 10 Biswas whereas the land allotted was 36 Bighas 10 Biswas including the land in dispute. Therefore, the same could not have been allotted to the respondents and the order dated 17.1.1992 is illegal, and the aforesaid aspect was not considered by the Revenue Appellate Authority and the Board of Revenue. Submission of counsel for the respondents is that the petitioners are claiming right over the land in dispute of 10 Bighas 6 Biswas on the basis of the sale deed which was 4 CWP 6512/2002 Gopal effected in Samwat Year 2019 whereas the land was acquired from the respondents in Samwat Year 2015 and further compensation was also paid. Therefore, no right accrued to the petitioners on the basis of the aforesaid sale deed. Otherwise also, the sale deed is un-registered and the petitioners' status is not more than trespassers. As regards excessive allotment of land, submission of counsel for the respondents is that 10 Bighas 6 Biswas land is of the Khasra numbers which have been acquired by the Government from the respondents and when the same was no more Tank Bed land, the same was allotted to them rightly. The authorities below have not committed any kind of error in rejecting the appeal filed by the petitioners. I have gone through record of the writ petition and further considered rival submission of counsel for the parties. In my view, the fact of acquisition of the land in dispute by the Government in Samwat Year 2015 is an admitted fact, therefore, sale of the said land in Samwat Year 2019 in favour of the petitioners will confer no legal right on the petitioners. The courts below have not committed any kind of error either dismissing the appeal on the ground of limitation as well as merit. The writ petition fails and the same is dismissed. (PREM SHANKER ASOPA) J. GoPal