GOPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed against the order passed by the Board of Revenue for Rajasthan at Aimer dated Aug. 18, 1972 in a matter relating to the determination at surplus land under the Ceiling Law.

(2.) Gopalsingh petitioner was formerly the Jagirdar of the Jagir Amli Kalusingh in Bhilwara District of the State of Rajasthan which was resumed on August 23, 1954. The Sub-Divisional Officer. Shahpura initiated proceedings under Chapter III-B of the Rajasthan Tenancy Act, 1955 for determination, of the extent of ceiling area which could be lawfully continued to be held by Gooalsingh and his family members. The Sub-Divisional Officer, by his order dated Sentember 2, 1971 held that Gopalsingh had in Ms possession 97 standard acres of land in excess of the ceiling limit and directed that the excess land be resumed. An appeal preferred by the petitioner before the Revenue Appellate Authority. Udaipur was dismissed on Feb. 2, 1972. The petitioner preferred a revision petition before the Board of Revenue for Rajasthan, which was partly allowed on Aug. 18, 1972 to the extent of recognising the transfer made by the petitioner Gopalsingh on Sept. 3, 1959 in favour of Chanchalsingh in respect of land measuring 80 Bighas. The Board of Revenue conseauently remanded the case to the Sub-Divisional Officer. Shahoura. for reconsideration of the matter relating to 80 Bighas of land sold by the petitioner to Chanchalsingh. The remaining submissions made on behalf of the petitioner before the Board of Revenue were reiected.

(3.) It is not in dispute that 647 Bighas and 18 Biswas of land stood in the name of Gopalsinch petitioner while 23 Bighas and 8 Biswas of land were entered in the revenue record in the name of his wife. Thus. 671 Bighas and 6 Biswas of land were entered in the name of Gonalsingh and his wife, out of which 207 Bighas and 15 Biswas of land were transferred by the petitioner by means of various sale-deeds to different persons prior to December 31, 1969 and the sale of aforesaid land to the extent of 207 Bighas and 15 Biswas, was recognised by the Sub-Divisional Officer while determining the extent of excess land over and above the ceiling area applicable to the petitioner. Out of the remaining land measurine 463 Bighas 11 Biswas. the Board of Revenue also recognised the transfer of so Bighas of land, effected by the petitioner Gopal-singh in favour of Chanchalsing by a sale-deed dated Sept. 3, 1959. The Sub-Divisional Officer had refused to recognise the transfer of 80 Bifihas of land allegedly sold to Chanchalsingh, because of the fact that Chanchalsingh was the brother-in-law of Gopalsingh. However, the Board of Revenue, while considering the revision petition of Gopalsingh, held that the lower Court committed an illegality in not recognising the transfer of aforesaid land in favour of Chanchal-singh. Thus, when the transfer of 80 Bighas of land sold by the petitioner Gopalsingh to Chanchalsingh, by means of the sale-deed dated September 3, 1959 has been recognised, then 383 Biehas and 11 Biswas of land remained in the name of the petitioner Gopalsingh and has wife.