TEK CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This matter has come up for orders on the application under Article 226 of the Constitution of India read with order 1 Rule 10 of the Code of Civil procedure, filed by applicants Bhag Chand S/o. Son @ Sonya and Nathu Lal S/o. Son @ Sonya, seeking their impleadment as party respondents to the instant writ petition. Challenge in the writ petition is made to the notification under Section 4 of the Land Acquisition Act dated 15.03.1999 and the notification under Section 6 of the Land Acquisition Act dated 16.03.2000, which seek to acquire the land of Khasra No. 556, 557, 558, 561 and 562 of village Sukhiya, Tehsil Sanganer, District Jaipur. Writ petition was filed by Tek Chand, way back in 2000, who claimed to have purchased this land by two registered sale-deeds dated 22.02.1996; by one of sale-deeds, the petitioner purchased land bearing Khasra Nos. 561 and 562 from Shri Ladu Ram S/o. Gangaram Bagda Brahman, resident of village Sukhiya and through another sale-deed, he purchased the land bearing Khasra Nos. 556, 557 and 558, total measuring 1.18 hectares, from Shri Laduram and one Shri Nanagram S/o. Sujya and Smt. Gyarsi Widow of Sujya.

(2.) Shri Suresh Pareek, learned Senior Counsel for applicants, submitted that in the settlement proceedings and record of rights of Samvat 2015-34, Gangaram @ Gangalia, Son @ Sonya and Murli S/o. Mahadev, by caste Bagra Brahman, residents of village Keshwala, were recorded as khatedars of Khasra Nos. 249, 250, 2541, 252, 253, 254, 255, 256, 257 and 258, total measuring 15 bigha and 7 biswa of land. Thereafter, Khasra Nos. 256, 257 and 258 were renumbered as Khasra Nos. 556, 557 and 558 in the settlement proceedings. Mutation of the land of aforesaid khasra was attested in the name of Nanagram and Gyarsi, showing them as Sonya S/o. late Son @ Sonya and Gyarsi W/o. late Son @ Sonya, by forgery, in the year 1982. Mutation order No. 68 was attested in their favour on 30.08.1982, whereas the fact is that in the year 1982 Son @ Sonya was alive. Actually Son @ Sonya was father of present applicants and he expired in the year 2007. The said forgery was result of conspiracy hatched up by Nanagram and Gyarsi in connivance with Halka Patwari of village Sukhiya, who wrongly made a mention therein that he made enquiry and found that Son @ Sonya has expired and that Nanagram and Gyarsi are legal heirs of late Son @ Sonya.

(3.) According to learned Senior Counsel Shri Suresh Pareek, Mahadev had four sons, namely, Gangaram, Sujya @ Suji Lal, Son @ Sonilal @ Sonya @ Sheo Narayan and Murli @ Mool Chand @ Murlya. Sujya @ Sujilal S/o. Mahadev died issueless in the year 1947. Nanagram, who is son of Gangaliya @ Gangaram and cousin of present applicants, and Gyarsi W/o. Sujya @ Sujilal, both, got mutated the land of father of present applicants Shri Son @ Sonya, in their favour, showing him dead in the year 1982. It is submitted that Son @ Sonya, the father of present applicants, was in actual khatedari possession of the land bearing khasra Nos. 556, 557 and 558. After his death in 2007, applicants, being his legal heirs, are in possession of the land.