“10. Indisputably, the land in question was in cultivatory possession of the respondents before coming into force of the Actand therefore, they were entitled to be declared as khatedar tenant as per provisions of Section 15 of the Act. It is also not disputed that vide order dated 28.11.1956 issued by the SDO, Jodhpur, the respondents were granted khatedari rights under Section 15 of the Act. It is a matter of record (D.B. SAW/1037/2018 has been filed in this matter. Please refer the same for further orders) that order dated 9.6.1970 and consequent orders of Tehsildar, Jodhpur dated 24.12.1970, cancelling the patta of the land in question issued in favour of the respondents were passed without following the due process of law and for this reason, the orders dated 26.4.1974 and18.3.1989, transferring the land in favour of RIICO and UIT were reviewed and cancelled by the Collector vide order dated 21.9.2004. It is pertinent to note that order dated 28.5.1970 cancelling the pattas of the respondents was based on order of Additional Commissioner, Jodhpur dated 13.8.1957, which pertains to cancellation of the patta issued in respect of pasture land whereas, the land in question was never reserved as pastureland. A perusal of the order impugned reveals that the Board of Revenue after consideration of the material on record in its entirety and objectivity, has arrived at a categorical finding that the khatedari rights conferred upon the respondents as per the provisions of Section 15 of the Act, was just and proper. In this view of the matter, the land belonging to the khatedar tenant could not have been declared sivay chak by way of administrative order, which was apparently passed on the basis of the erroneous facts. Merely because, the RIICO was put into possession of the land in question on the strength of an allotment order issued acting without jurisdiction, which now stands set aside in accordance with law, no right is created in favour of the RIICO, over the land in question.
