MATHURA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PROCEEDINGS for the acquisition of surplus lands initiated against the petitioner under Chapter III B of the Rajasthan Tenancy Act, 1955 (for short the `Old Ceiling Law') and the Rajasthan Tenancy (Fixation of Ceiling on Lands) Government Rules, 1963 (for short the "Old Ceiling Rules") were dropped on March 31, 1975. However, the case was reopened in view of Section 15(2) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (for short the `New Ceiling Law'). Vide order dated January 29, 1986, the Additional Collector Ceiling Kota (for short the ACC) observed that the standard acres of 84 Bighas of land held by the petitioner were equivalent to 45.81 standard acres and the petitioner was entitled to retain only 40 standard acres, thus 5.81 standard acres of land were declared as surplus. After unsuccessful appeal in the Board of Revenue (for short the BOR) the petitioner has preferred the instant writ petition seeking quashing of the orders passed by the ACC and BOR.

(2.) I have heard Mr. Sanjay Mehrishi learned counsel for the petitioner and scanned the reply of the respondents and other material on record.

(3.) UNDENIABLY all lands in Rajasthan are not similarly situated as productive capacity differs from place to place looking to the irrigation facilities and soil condition and other prescribed particulars. Conjoint reading of Sections 148 and 149 of the Rajasthan Land Revenue Act demonstrates that assessment circles have been made on the basis of irrigation facilities, standard of cultivation expenses of cultivation and the cost of cultivator in maintaining himself and his family, existence of markets in the vicinity of the area means of communication and improvements, size of holding and extent of indebtedness. Standard acres of the holdings of a persons have to be calculated strictly as per the principles laid down in Sec. 30-C of the `Old Ceiling Law' and Rule 19 read with Appendix `A' of the `Old Ceiling Rules'. Mere fact that the land is situated in Chambal Command Area by itself is not sufficient to take the said land as irrigated or `Nehari'. It can only be taken as `Nehari' if it was entered as such in the Annual Registers. If the class of lands is not entered as Nehari in the Annual registers on April 1, 1966, the standard acres of the said lands shall be determined according to the soil classification as entered in the Annual Registers current of April 1, 1966.