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Judgment
By this writ petition, a challenge is made to the order dated dated 29th June, 2017 passed by the Board of Revenue, Ajmer.
It is a case where the application under Section 136 of the Rajasthan Land Revenue Act, 1956 (for short ""the Act of 1956"") was filed by
respondent Nos.3 and 4. It is only to seek correction of entries pertaining to portion belonging to them. The order was passed favourable to the
respondent Nos.3 and 4. The petitioners herein challenged the order before the Divisional Commissioner. The Divisional Commissioner reversed
the order, however, on an appeal before the Board of Revenue, the order of the Divisional Commissioner was set aside.
This case has chequered history in a way that one land mutated in the name of four persons with 1/4 share for each was declared to be ""Tanaja
in the settlement proceedings. The respondent Nos.3 and 4 maintained an application under Section 136 of the Act of 1956 to seek correction of
entries to the extent of their share. The order was passed in favour of the respondent Nos.3 and 4, however, it is without hearing others. The
Divisional Commissioner, accordingly, allowed the appeal and remanded the case back to the authority concerned i.e. Land Record Officer. The
Revenue Board has reversed the order mainly on the ground that respondent Nos.3 and 4 have not claimed benefit in regard to share of others but
for their own thus none was required to be heard. The petitioners herein maintained similar application to get their share and, accordingly,
application under Section 136 of the Act of 1956 was filed by them. It was, however, not pursued and, accordingly, dismissed.
The petitioners preferred a regular suit to seek declaration. The suit would determine rights to the extent of their share. It is, however, necessary
to narrate that one suit was filed against the petitioners said to be at the instance of respondent Nos.3 and 4. The suit was decreed, however,
matter is now pending before the Board of Revenue. The litigation therein would be decided independently.
In view of the above, writ petition is disposed of without causing interference in the order passed by the Board of Revenue. It is made clear that
it will not affect rights of the petitioners claimed in the suit filed by them and the order passed in another suit and is pending before the Board of
Revenue. It would be decided independently and the order passed under Section 136 of the Act of 1956 on the application of the respondent
Nos.3 and 4 is taken to the extent of their own share and not against others.