POORAN RAM Vs. BOARD OF REVENUE FOR RAJASTHAN

JUDGEMENT

(1.) This special appeal is directed against the order dated 10.05.2001 whereby the learned Single Judge of this Court has dismissed the writ petition (CWP No.1707/2001) filed by the petitioners-appellants in challenge to the order dated 05.02.2001 as passed by the Board of Revenue for Rajasthan, Ajmer ('the Board') in Revision Petition No.175/2000 whereby the Board had affirmed the order dated 22.09.2000 as passed by the Revenue Appellate Authority, Hanumangarh ('the RAA') in Appeal No.20/2000. By the order dated 22.09.2000, the RAA had set aside an order dated 13.07.2000 as passed by the Assistant Collector, Rawatsar in the applications moved by the petitioners-appellants, purportedly under Section 15-AAA of the Rajasthan Tenancy Act, 1955 ('the Act of 1955') seeking khatedari rights in the land in question.

(2.) Shorn of unnecessary details, the relevant facts and background aspects of the matter could be taken into comprehension thus: The petitioners-appellants Pooran Ram and Saheb Ram and the contesting respondents Mst. Gora, Mst. Gita and Mst. Barji are the decedents of a common ancestor Gugan Ram who had five sons: Dula Ram, Dungar Ram, Girdhari, Ganga Ram and Khumana Ram. The contesting respondents are the daughters of Dula Ram whereas the petitioners-appellants are the sons of Dungar Ram. Dula Ram, father of contesting respondents, expired in the year 1976.

(3.) The contesting respondents made an application seeking khatedari rights per Section 15-AAA of the Act of 1955 in relation to 85 bighas and 10 biswas of agricultural land situated at Chak 5 NWD and Chak 2 NWD. By an order dated 25.02.1988, the Assistant Collector partly allowed the application so moved by the contesting respondents after noticing that their father Dula Ram had been in cultivatory possession of such 85 bighas and 10 biswas land before Svt. Year 2012. However, after applying the provisions of Agricultural Land Ceiling, the Assistant Collector found the applicants, daughters of Dula Ram, entitled to be granted khatedari rights only in relation to 43 bighas of command land; and, accordingly, conferred khatedari rights in relation to 25 bighas of land as comprised in Murraba No.215/6 at Chak 5 NWD free of cost and 18 bighas of land as comprised in Murraba No.235/4 at Chak 5 NWD on the price of Rs.1400/- per bigha. The learned Assistant Collector, however, declared the remaining part of the land, said to be comprised in Murraba No.235/4 at Chak 5 NWD and in Murraba Nos.234/60 and 234/61 at Chak 2 NWD, as the government land.