MOOL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by petitioner-Mool Singh inter-alia with the prayer that a declaration be made that his agricultural holdings are not in excess of the ceiling area under the Rajasthan Imposition of Ceiling on Holding Act, 1973 (hereinafter be referred as the "Act of 1973") and/or under Chapter-IIIB of the Rajasthan Tenancy Act, 1955 (for short, "Act of 1955"). It has been further prayed that respondents be restrained from dispossessing the petitioner from the land in question pursuant to orders passed by the respondents-authorities under the Act of 1973 supra and to declare such orders illegal and quash the same and respondents be further directed to hold a fresh proceedings after giving opportunity of hearing to the petitioner and decide the matter anew in accordance with law. Any other order prejudicial to the petitioner passed during the pendency of the writ petition be declared illegal and quashed.

(2.) Factual matrix of the case is that one Bhanu Pratap Singh, former-Jagirdar of Dudu of Jaipur District died on 21/5/1966. He was survived by his mother Smt.Rasal Kunwar, adopted son Kuldeep Singh and adopted daughter Jayendra Kumari, who are successors of Bhanu Pratap Singh according to Hindu Succession Act. Smt.Rasal Kunwar, widow of late Shri Jawan Singh and mother of Shri Bhanu Pratap Singh filed a suit for declaration before the Sub Divisional Officer Sambharlake. Said suit was decreed on 1/12/1971 and all the above referred to three legal heirs were held entitled to receive 1/3 rd share each of the disputed land. The S.D.O. Sambharlake decided the ceiling case No.24/1971 on 6/12/1971 under Chapter-IIIB of the Act of 1955 and allowed all the above referred to three legal heirs entitled to retain 30 standard acres of land as independent unit and remaining land was declared surplus. It is claimed by petitioner that Smt.Rasal Kunwar executed a gift deed of her 1/3 rd share (30 acres of land) in his favour on 9/4/1973. She also executed a Will in his favour on 18/12/1971 before coming into force the Act of 1973 w.e.f. 1/1/1973. The S.D.O. Sambharlake initiated fresh proceedings only against Kuldeep Singh, adopted son of Bhanu Pratap Singh, who was one of his three legal heirs under Act of 1973 and vide its order dated 25/9/1975 held that 135.5 acres of land was in excess of ceiling limit and passed an order of his dispossession from surplus land. Kuldeep Singh filed an appeal before the Additional Collector Jaipur thereagainst, which was dismissed vide order dated 7/2/1966. Further appeal filed by respondent No.4 - Kuldeep Singh under the Act of 1973 before the Board of Revenue was also dismissed by the Board of Revenue vide judgment dated 10/1/1977. The judgment of Board of Revenue was challenged before this Court in D.B. Civil Writ Petition No.336/1977 and the Division Bench dismissed the writ petition vide judgment dated 10/1/1977. Kuldeep Singh then filed special leave to petition before Supreme Court being S.L.P.(C) Appeal No.8719/1988, which too was dismissed vide judgment dated 13/9/1988 with liberty to him to file review petition before Rajasthan High Court. However, all the issues were left open to be raised if necessity arise. Kuldeep Singh thereafter filed review petition before this Court, being D.B. Civil Review Petition No.16/1989. Division Bench of this Court vide order dated 10/11/1989 dismissed the review petition. It is in the backdrop of these facts that the petitioner claiming to be legal heir of Smt.Rasal Kunwar, has approached this Court by filing present writ petition praying for the aforesaid relief.

(3.) Stand of the petitioner is that Smt.Rasal Kunwar gifted her 1/3 rd share of land measuring 90 bighas and 19 biswas of lands to him by a gift deed and mutation in his favour was attested by the revenue authorities on 23/11/1977. It is claimed that petitioner for the first time came to know that his land has been declared surplus in excess of ceiling limit in the year 1988 when other persons came to take possession of the land on the basis of alleged allotment. Petitioner thereafter filed application accompanied by affidavit to the Collector Jaipur on 21/7/1988 requesting him not to proceed further and not to allow other persons to take possession of the land. Petitioner is even now in possession of the disputed land and the Patwari of halka while submitting his report dated 23/8/1988 to the Collector Jaipur has also reported that the land was still in possession of the petitioner. It was only thereupon the petitioner made enquiries and came to know that in the ceiling proceedings under the Act of 1973 against Kuldeep Singh alone, the S.D.O. Sambharlake has vide its order dated 25/9/1975 declared 135.1 standard acres of land surplus. Hence, this writ petition.