BAHADUR RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. This appeal arises out of the ceiling proceedings which have been taken against the appellants under Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973. The facts relevant, which need to be noticed for the present purposes, are that the Additional Collector (Vig.) Sriganganagar by his order dated 24.6.1994 held that the appellant Bahadur Ram is holding 8 Bighas 7 Biswas land in excess of ceiling area which he is entitled to hold under the Act of 1973. This computation was made on the basis that said Bahadur Ram has a total holding of 68 Bighas of land which partly consists of his self-acquired property and partly share of his ancestral property which has devolved on him from his ancesters. It was concluded by the Additional Collector in his order that two major Saheb Ram and Het Ram have interest by birth in the ancestral property held by their father and to the extent the holdings of the Bahadur Ram consist of ancestral property, their respective shares in such ancestral land has to be excluded from the computation of the holding of the said Bahadur Ram. The additional Collector, further held in his order that the ancestral land in the name of Nanda, grand father of Bahadur Ram measured 35 bighas and 15 biswas which on his death devolved on his two sons Jeewan and Bhura in equal shares namely Jeewan and Bhura. Thus Jeevan and Bhura acquired ancestral property to the extent of 19 bighas and 15 biswas each as their share. Bahadur Ram is son of Jeevan and the property devolving on Jeewan passed on to Bahadur Ram. In that view of the matter it was held that out of the total holding 19 bighas 17 biswas was ancestral. Coming to this conclusion, the ancestral land of the holdings of Bahadur Ram was notionally divided into three shares and in this manner by considering the share of each son to be 6 Bighas 12 Biswas, excluded 13 bighas 4 biswas from the total holdings of Bahadur Ram and came to the conclusion that said Bahadur Ram held 54 bighas 15 Biswas of land on the relevant date vig. 1.4.1966. Accordingly, after determining the ceiling area in the case of petitioner Bahadur Ram, he held 8 bighas and 7 biswas land to be in excess of ceiling limit.

(2.) It has been contended before the learned single judge that there was a computation mistake in calculating the holdings in the hands of Bahadur Ram by way of ancestral property. The court did not countenanced this contention and said that.the arguments raised by the petitioners were in the realm of appreciation of evidence and therefore, would not fall within the purview of a mistake on the face of record and not liable to be interfered with issue of a writ of certiorari. This led to filing of the present appeal.

(3.) It was contended before us by the learned counsel for the appellant on the premise of Annexure-1 that the ancestral land in the hands of Nanda measured 91 Bighas and the share which fall to Bahadur Ram shall measure 45 bighas 10 biswas and not 19 bighas and 15 biswas. The share of ancestral land in the total holdings admitted to have been held by him will come to 45 bighas and 10 biswas. It was contended before us on the basis of Annexure-1 filed alongwith the writ petition that the ancestral land in the hands of Nanda measured 91 bighas in regarding to that the share of the father of the Bahadur Ram would be 45 Bighas 10 Biswas and if 45 Bighas 10 Biswas is considered to be the component of entire holdings held by the appellant Bahadur Ram then after excluding the share out of 45 Bighas 10 Biswas the ancestral land from the entire holdings the total holdings of 68 bighas in the hands of appellant Bahadur Ram, in that event, would be reduced to 38 Bighas only by executing the share of his sons in said ancestral land. In that case he will be having no excess land which could be acquired in the ceiling proceedings.