GRAM PANCHAYATVILLAGE MAHAWA Vs. ADVISORY COMMITTEE

JUDGEMENT

(1.) Seemingly battle against nepotism, favouritism and deprivation of landless from distribution of surplus land under ceiling laws, whether genuine or crocodile tears and trickery to retain possession by landowners, is the pivot of real debate in this petition.

(2.) Hardly the ink of Hon'ble Justice Shrimal's pen has dried in penning the monograph on "Land Reforms", in which he made Government Advocates tall claim of distribution of this land to landless, the alleged third innings of this Land-owners v. Landless litigation was on the "docket" and board of this Court, by the present writ having been filed on 19th July, 1982. Whether it is 'old wine in new bottle,' is a serious question for judicial adjudication.

(3.) The above author of "Land Reforms Monograph" has observed as under:- "Transfer of land made by land-holders having excess land than that of the ceiling limit prescribed under the law does not create any right in favour of the transferees and the plea of bona fide purchaser is not open to them. In Lekh Raj v. State of Rajasthan S. B. Civil Writ Petn. No. 21 of 1981, decided on October 30, 1981 along with 53 writ petitions filed by transferors of Maharaja Kumar Pritivi Singh, I held that the pattas issued to the petitioners of these cases were ante-dated. They were neither on stamps nor registered ones and no right was created by them in favour of the holders of those pattas. In those cases, it was also held that petitioners were guilty of laches and contemptuous conduct disentitled them to extraordinary remedy under Rule 226 of the Constitution of India. Detailed scrutiny of these cases reveal that even highly placed persons change their stand and raise false pleas and put resistance to save land from being resumed and put obstacles in allotment of land to landless persons by issuing Benami Pattas in favour of their employees and favourites. On the basis of the information given to the court by the Government Advocate it can be said this time the administrative machinery has been geared up properly. It is said that land measuring 1840 acres involved in the above noted cases, have been allotted to landless peasants by now, 1982 RLR (Journal Section) 22,"