Rajasthan Land Revenue Act, 1956–Secs. 125 & 136–Rajasthan Tenancy Act, 1955–Sec. 232–B.O.R. allowed the reference and set aside the order passed by Assistant Colonization Commissioner–Justification–Earlier, the Assistant Colonization Commissioner allowed the application u/s. 125 and directed for rectification of record–Order became final as no appeal was filed–View of B.O.R. that the Assistant Commissioner dealt with the application as a suit–This cannot be the reason for setting aside the order–Further, if the Govt. Counsel did not appear and did not choose to cross-examine the witness, State cannot claim for any premium for its own negligence–Further, merely because the documentary evidence, has not been produced, it can not be said that ocular testimony of the witnesses cannot be relied upon–Grounds discussed by B.O.R. are not proper and impugned order of B.O.R. deserves to set aside.
