SOBHAG SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THESE petitions directed against judgment dated 7.2.13 of Board of Revenue, Rajasthan, dismissing the revision petitions preferred by the petitioners herein, aggrieved by order dated 26.5.07, passed by the Divisional Commissioner, Jodhpur allowing the appeals preferred by the private respondents, were heard together and are being disposed of by this common order.

(2.) BRIEFLY stated that the relevant facts are that late Shri Ajit Singh was a khatedar tenant of different categories of agriculture land situated in revenue villages namely, Bisalpur, Chawandia (Tehsil -Jaitaran) and Narlai (Tehsil -Desuri). The ceiling proceedings were initiated against him under Chapter IIIB of Rajasthan Tenancy Act, 1955 ( for short "the Act of 1955") by the Sub Divisional Officer (SDO), Jodhpur, who while accepting the declaration in Form -Ceiling IV furnished by Shri Ajit Singh under Rule 9 of Rajasthan Tenancy (Fixation of Ceiling on Land) (Government) Rules, 1963, vide order dated 4.10.71 determined the land in excess of ceiling area in the hands of Shri Ajit Singh and directed the Tehsildars, Jodhpur, Jaitaran and Desuri to take possession of the land surrendered. However, the State Government, after calling for the record of the ceiling case and for the reasons recorded in writing, vide order dated 1.7.76 being satisfied that the order passed by the authorised officer dated 4.7.71 was in contravention of the provisions of Chapter III of the Act of 1955 and was prejudicial to the State Government, directed reopening of the ceiling case against late Shri Ajit Singh under Section 15(2) of Rajasthan Imposing of Ceiling on Agriculture Holdings Act, 1973 (for short "the Act of 1973") and referred the matter to the Additional Collector to decide it afresh in accordance with law. The Additional Collector vide order dated 28.12.81 determined the lands in excess of the ceiling limits in the hands of late Shri Ajit Singh and directed to acquire surplus land ad measuring 4020 -13 bighas, situated in different revenue villages. Aggrieved thereby, two sons of late Shri Ajit Singh namely Sobhag Singh and Swaroop Singh (since deceased) and 26 transferees claiming themselves to be bona fide purchasers, preferred in all 27 appeals before the Board of Revenue, which stood disposed of by a common judgment dated 31.7.84, whereby the decision of the Additional Collector, Jodhpur dated 28.12.81 was set aside and the matter was remanded for further inquiry and decision afresh with the directions in the following terms:

(3.) IN the meantime, Sobhag Singh and Swaroop Singh preferred an application before the Board of Revenue under Section 151/152 of CPC for rectification of order stating that the total land being 418.48 acres, the land falling in the share of each member of the family comes to 139.49 standard acres and therefore, there being apparent error in the order dated 13.8.91 passed by the Board of Revenue, the same deserves to be rectified. The application was allowed vide order dated 31.5.02 by the Board of Revenue and it was clarified that in the order dated 13.8.91, the reference of 149.49 standard acres shall be read as 139.49 acres. In compliance of the orders passed as aforesaid, while excluding the land validly transferred, the Tehsildar ordered acquisition of 109.49 acres land and directed to effect the mutation of the remaining land as specified.