Rajasthan Tenancy Act, 1955–Sec. 232–Reference–Allowed by BOR–Justification–District Collector did not give any finding that the order suffers from any illegality or perversity/fraud–Writ petitioners and their ancestors were recorded in the possession prior to settlement done in Svt. 2012 and 2017–Ground of reference was taken the insufficiency of evidence in the form of corroboration from the record–It could not be said to be an illegal or suffer from impropriety or irregularity–Findings of BOR with regard to collusion were based on assumptions and without any material–No satisfactory explanation for delay–No averment with regard to fraud or collusion–Assistant Colonization Officer passed the order on the basis of oral evidence, spot inspection and spot verification with the neighbouring tenants–Petitioners are having settled possession for 45 years from the date of order of Assistant Commissioner–Impugned orders passed by BOR and Single Bench are liable to be set aside.
