BHIKAM CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AS per provisions of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1957 (hereinafter referred to as 'the Rules of 1957'), 50 bighas of agricultural land was allotted to Shri Rekhchand under an order dated 4.7.1961. The allotment was on gair khatedari basis and was for a period of five years only, however, the land came to be mutated in the name of one Shri Khiv Singh on 6.6.1967. After death of Shri Rekhchand, his wife Smt. Luni Devi purchased the land aforesaid from Shri Khiv Singh through a registered sale deed dated 19.9.1976.

(2.) THE Collector, Bikaner, under an order dated 13.6.1978 made a reference under Section 82 of the Land Revenue Act to the Board of Revenue, Rajasthan for cancelling mutation entered in favour of Shri Khiv Singh.

(3.) AFTER cancellation of the mutation in favour of Shri Khiv Singh, Smt. Luni Devi submitted an application to the Tehsildar, Shri Kolayatji for recording herself as khatedar of the land. The submission of Smt. Luni Devi was that the land was allotted to her husband Shri Rekhchand and he was having possession thereon till his death and after his death she was having possession over the land, but mutation was erroneously made in favour of Shri Khiv Singh, thus, after cancellation of mutation entry aforesaid, she should have been entered as tenant in the revenue records. It appears that the application aforesaid was not accepted by the Tehsildar, hence Smt. Luni Devi preferred an appeal under Section 75 of the Land Revenue Act before the Sub Divisional Officer (South), Bikaner. The appeal came to be accepted by the Sub Divisional Officer (South), Bikaner with a direction to enter Smt. Luni Devi as khatedar of the land in the revenue records.