BANWARI LAL NAGPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition raises a controversy as to whether a person can be compelled to surrender the surplus land out of the land retained by him instead of surrendering the land transferred by him, which is not recognizable in law.

(2.) I may recount a few material facts of the present case giving rise to the controversy that has arisen.

(3.) SO far as the first ground of challenge stated above is concerned, it is based on the provisions contained in Secs. 16 and 18 of the Act. It may be mentioned that under Sec. 6 of the Act, ail transfers of land made on or after 26th September, 1970 shall be deemed to have been made in order to defeat the provisions of the Act and such transfers shall not be recognised or taken into consideration in determining the ceiling area applicable to the transferor and an exception has been made with regard to the bona fide transfers made before 1st January, 1973 and the burden of proving the transfer to be bona fide has been placed on the transferor under sub-sec.(2) of section 6 of the Act. While determining the ceiling case of the respondent No. 3, the transfer in question was not recognised as it was not found a bona fide one. Although, it was decided without any notice to the petitioner and according to the respondents, the petitioner was not required to be served with any notice. This is the second ground of challenge, but I am not addressing myself on that ground, as it is not necessary to address on that ground. In my view, the petitioner can succeed on the first ground. The respondent No. 3. after service of the final statement on him, gave his option under section 18 of the Act. In that option, he included the petitioner's land to be surrendered by him. It may be stated that the surplus land would be deemed to have been acquired by the State Government under section 16 of the Act from the date of service of the final statement on the holder of the land and that surplus land from that date shall vest absolutely in the State Government free from all encumbrances as provided in sub-sec. (1) of section 16 of the Act. Sub-sec. (2) of section 16 requires that the holder of the land shall surrender or deliver possession of surplus land to the Stats Government by placing it at the disposal of the Tehsildar and under sub-sec. (3), if the holder of the land refuses or fails to surrender or deliver possession of the land vested in the State Government within three months as provided, he shall be deemed to be a trespasser on such land and shall be liable to ejectment therefrom and to the payment of penalty in accordance with section 91 of the Rajasthan Land Revenue Act, 1956.