JATA SHANKER Vs. BOARD OF REVENUE

JUDGEMENT

(1.) SEVEN petitioners, by way of this writ petition, have approached this Court assailing judgment of the Board of Revenue dated 06.01.1997 by which order of the Collector, Bharatpur, dated 01.11.1994 was upheld. Facts, necessary for decision, as averred in the writ petition, are that one late Jagannath Prasad, Advocate of Bharatpur, applied through one Baburam for allotment of land to the erstwhile State of Bharatpur on 10.07.1942. Vide order dated 26.07.1944, Shri Jagannath Prasad was allotted 10 bighas and 2 biswas of land in Khasra No. 1120 outside Bharatpur city on payment of 'najrana' of a sum of Rs. 50/ -, for development of orchard. The mutation of the land was attested in the revenue record vide Entry No. 26/2 in Samvat 2001 and the land was thus recorded in his khatedari. Out of total 10 bighas and 2 biswas of land, Jagannath Prasad sold 10 biswas of land to one Puran Mali. In column 4 of Jamabandi of Samvat 2014, name of Jagannath Prasad was recorded, while in column 5 the land was recorded as 'Makbuja Malikan'. In Jamabandi of Samvat 2018 again Jagannath Prasad was recorded as owner of land of said Khasra measuring 9 bigha 12 biswa whereas Puran Mali was shown as khatedar in respect of 12 biswa. In Jamabandi of Samvat 2019 to 2022 Jagannath Prasad was recorded as khatedar of 9 bighas and 12 biswas of land, but Premdev Bhushan shown as khatedar of 10 biswas of land, who had purchased the same from Puran Mali. The petitioners' predecessor -in -title purchased 9 bigha and 5 biswa of land from Jagannath Prasad on 12.11.1968 by registered sale deed. Mutation was attested in their favor on 28.07.1972.

(2.) A complaint was made by one Bhagwat Prasad to Collector, Bharatpur that Jagannath Prasad never established an orchard over the land in question. The land continuously remained as 'Banjar Kadim'. Contrary to the conditions of allotment, Jagannath Prasad had illegally sold the land. The District Collector, Bharatpur made an enquiry on 20.11.1969 from Tehsildar Bharatpur as to whether Jagannath Prasad was recorded as 'Malik' under Section 17(A) of the Rajasthan Tenancy Act, 1955 and subsequently as khatedar. A notice was also sent to Jagannath Prasad challenging his status as khatedar and asking to show cause why mutation attested in his favour may not be cancelled. He sent a reply on 18.12.1969. A note was put up to the Collector on 09.04.1972 proposing to cancel his khatedari, which was approved by the Collector on 14.04.1972. The Collector accordingly issued direction to Tehsildar on 12.06.1972 to cancel khatedari entries in favour of Jagannath Prasd. Jagannath having sold the disputed land to the petitioners, they challenged the aforesaid order in appeal before the Revenue Appellate Authority. The Revenue Appellate Authority in order dated 08.06.1976 held that the enquiry made by the Collector, Bharatpur, was one under Section 9 of the Zamindari and Biswedari Act. He further held that the appeal was barred by limitation as Section 24 of the Zamindari and Biswedari Act, which provided period of only 30 days for filing an appeal, therefore, the appeal was barred by limitation. Additionally, however, the Revenue Appellate Authority upheld that order on merits. The petitioners then approached the Board of Revenue. The Board, by its order dated 03.06.1980 allowed the appeal and set aside the order passed by the Revenue Appellate Authority dated 08.06.1976 and the orders of the District Collector dated 14.02.1972 and 12.06.1972. However, it held that this will not act as bar to the District Collector to take up the matter for correction of entries after following due procedure of law giving due opportunity to all the concerned parties.

(3.) SIMULTANEOUSLY , the District Collector again issued a notice to the petitioners on 23.11.1981 under Rule 399 of the Land Revenue Rules 1957 for cancellation of the khatedari. Petitioners filed preliminary objection and reply to the said notice separately on 27.09.1994 and 25.10.1994. The District Collector appointed Tehsildar as receiver on the disputed land vide order dated 24.06.1994 and subsequently by order dated 01.09.1994 made a reference to the Board of Revenue under Section 9 of the Rajasthan Land Revenue Act 1956 for entire land as Government land except one bigha of land in the name of temple Satyanarain Ji. The Board of Revenue vide order dated 06.01.1997 declared all the entries in the name of late Shri Jagannath Prasad and through him, in favour of the petitioners, as illegal and directed that the land in dispute be recorded as 'sawai chuk'. It is against the backdrop of these facts, that the present writ petition has been filed.