GIRRAJ PRASAD Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed by petitioner Girraj Prasad against the order of the Revenue Appellate Authority dated 1.6.1994 (Annexure -10), which has rejected his appeal filed against the order of the Assistant Collector dated 28.4.1994 (Annexure -9). The facts as disclosed in this writ petition are that petitioner was Seaman I -Class in Indian Nevy and he stood retired from service from Indian Naval ship Dwarka, which was stationed at Port Okha. A notice as per Rule 10 of the Old Ceiling Rules was issued to Mangilal, represented by non -petitioners No. 11 to 18 and Baijnath, represented by non -petitioners Nos. 5 to 10 for filing the declaration by the Sub -Divisional Officer, but they did not file any declaration under Section 9 of the old Ceiling Rules. As such the Assistant Collector, Bundi directed the Tehsildar, Keshoraipatan to prepare statements of their holdings and particulars of their family members and to submit the same in his Court. On receiving the said statement, the Assistant Collector, Bundi served notices under Rule 14 of the Old Ceiling Rules to both of them. However, no reply to the notices was submitted by Mangilal and Baijnath. As such, the Assistant Collector, Bundi proceeded to determine the ceiling area applicable to them. On scrutiny of their ceiling case, Assistant Collector, Bundi came to the conclusion that a suit for division of holding had been filed by deceased Baijnath against deceased Mangilal, which was decided on 2.6.1976 and it was held that the entire 149 bigha 11 biswa of land of village Kota Khurd of Tehsil Keshoraipatan was of the sole khatedari of Mangilal. Since Mangilal was entitled to retain only 35 Standard Acres of land for a family of 6 members but in all he held 70.3 Standard Acres of land in his khatedari, 35.6 Standard Acres of land was declared as surplus, vide judgement dated 5.7.1976. Aggrieved by the aforesaid judgement, deceased Mangilal filed an appeal before Revenue Appellate Authority, who vide his judgement dated 25.8.1976 dismissed the same. After the decision of the Assistant Collector dated 5.7.1976, the surplus land of the khatedari of deceased Mangilal was taken in possession by the State Government and the same was entered as Siwai Chak and the same was available for allotment under the Old Ceiling Rules.

(2.) THE State Legislature enacted the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 which came into force w.e.f. 1.1.1973. During the year 1974, the petitioner submitted an application to the State Government through his Commanding Officer for allotting agricultural land to him for cultivation. The said application was sent by the State Government to Collector, Bundi who sent the same to Tehsildar, Kehshoraipatan and the Allotment Committee, Tehsil Keshoraipatan, allotted 10 Bigha of land of khasra No. 78/1 of village Kota Khurd on 25.12.1976 on the condition of payment of Rs. 2,480/ - by the petitioner under Rule 41 to 47 of the Old Ceiling Rules, situated in village Kota Khurd Tehsil Keshoraipatan at Dahikhera Camp, out of the acquired lands of deceased Mangilal, information of which was conveyed by Tehsildar Colonization Chambal Project, Kota to Commanding Officer vide letter 10.1.1977. After allotment, the petitioner was placed in possession of the same on 14.3.1977.

(3.) WHILE allotting the above land in favour of the petitioner on 25.12.1976, the price of the land was allowed to be deposited in installments. The said installments were fully paid by the petitioner upto the year 1986 and therefore mutation No. 261 of village Kota Khurd Tehsil Keshoraipatan was attested by Tehsildar Keshoraipatan on 2.7.1986 conferring khatedari rights on the petitioner on the allotted land and the name of the petitioner was entered in the khasra girdavari of Samvat 2044 to 2047 as Khatedar tenant of land comprised in khasra No. 78/1 measuring 10 bighas of village Kota Khurd, Tehsil Keshoraipatan, District Bundi. In the subsequent jamabandi of Samvat year 2047 -2050 the name of the petitioner also appeared as Khatedar -tenant. After the allotment of the above land in favour of petitioner, the petitioner claims to have invested an amount of Rs. 20,000 in making improvements in the same and in getting the said land levelled so as to bring the same in the level of the distributory of the canal known as Chahincha Minor which had earlier been dug in a part of 10 bighas of land of khasra No. 78/1 of village Kota Khurd but from which the land allotted to the petitioner was not being irrigated as the Chahincha Minor was flowing at a lower level and the petitioner's land was situated at a higher level.