GHANCHI MAHASABHA, JODHPUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Ghanchi Mahasabha, which is a representative body of Ghanchi Samaj, is registered as a Society under the provisions of Societies Registration Act. It had purchased the land in dispute from the erstwhile Ruler of Marwar, Maharaja Shri Gaj Singh vide sale deed dated 31.8.1964. It is submitted that prior to the aforesaid sale, the petitioner was put in possession of the said land as its tenant since 1958-59. It is a part and parcel of Sardarsamand Estate known as "Soorwari" and covers that large number of fields and grass-zone in-between the Sardarsamand Estate.

(2.) According to the petitioners, after the Rajasthan Land Reforms and Acquisition of Land-Owners Estates Act, 1964 [for short 'the Act of 1964'] came into force, the estates of such land owners were to vest in the State of Rajasthan with effect from 1st Sept. 1964 the appointed date for acquisition under Section 7 read with Section 9 of the Act, excepting the properties falling under under Section 10 of the Act. They have further contended that a writ petition was filed by the erstwhile Ruler of Marwar State Maharaja Shri Gaj Singh challenging the validity of the provisions of the Act and the acquisition made thereunder, which was numbered as S.B. Civil Writ Petition No. 875 of 1975. That writ petition came to be decided by this Hon'ble Court vide its order dated 27.2.1981 whereby the authorities under the Act were restrained from taking possession of the lands comprised in Sardarsamand Estate of which the land in question was a part in exercise of their powers conferred by Section 9A of the Act.

(3.) Thereafter, aggrieved with the action of the Tehsildar in interfering with the possession of the petitioners over the land in question, the petitioners also filed S.B. Civil Writ Petition No. 345 of 1976, which came to be decided by this Hon'ble Court vide its order dated 8.7.1985. That petition was disposed of by permitting the petitioners to file objection about the acquisition of the land in question within two months from the date of the order and the District Collector was directed to dispose of such objections, and until that time protecting the interest of the petitioners. During the pendency of that writ petition, status quo with regard to the land in question had been ordered to be maintained.