JUDGMENT 1. - This writ petition is directed against the judgment dated 5.2.1997 by which the Board of Revenue has accepted the reference made on behalf of the State has been accepted and mutation No. 128 entered in favour of the petitioner has been cancelled with regard to Khasara No. 68/397 measuring 4 bigha 11 biswa. 2. The petitioner moved application for conversion of agricultural land into residential as the petitioner wants to construct the school building. The controversy arised when the Collector on 15.6.1992 held that allotment made in favour of Shripat was illegal and ordered to cancel the same. A reference was made to the Board of Revenue and the same was accepted. 3. Learned counsel for the petitioner submits that appeal is preferred by Shripat & others in whose favour allotment was made before the Board of Revenue. The appeal was allowed by the Board of Revenue vide its judgment dated 25.7.1997 holding that the order passed by the Collector Dholpur exercising its power under rule 14 of the Rules 1970 is without jurisdiction. The order passed by the Collector in case No.70/92 on 15.6.1992 and order of R.A.A. of 20.7.198 in appeal No. 7/93 upholding this decision therefore deserves to be quashed and set aside. 4. With respect to the same land, the order of Collector and Revenue Appellate Authority are quashed and set aside and possession is resorted, therefore, the reference which has been allowed by the Board of Revenue vide judgment dated 56.2.1997 (sic) become ineffective. 5. In view of ratio decided by the Division Bench in case of Pat Ram & Ors. v. State of Rajasthan & Ors. reported in 1995 DNJ (Raj.) 592 and in view of subsequent judgment passed by the Board of Revenue in second appeal dated 15.7.1997, this writ petition is allowed. The order passed by the Addl. Collector, Dholpur dated 25.6.1996 and the judgment dated 5.2.1997 passed by the Board of Revenue are hereby quashed and set aside.Writ Petition Allowed. *******