KASTOOR CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CEILING proceedings were initiated against the respondents No. 6 and 7 Prabhu and Narain under the Old CEILING Law. The Sub-Divisional Officer, by his order dated May 31, 1975, resumed 19. 76 standard acre lands from the lands of Narain as well as Prabhu each. The petitioners preferred an appeal before the Revenue Appellate Authority. Their case was that the lands of Khasra No. 132 measuring 23 bighas 12 biswas khasra No. 128, measuring 38 bighas and 17 biswas and khasra no. 11, measuring 33 bighas 11 biswas situated in village Joravarpura is in their khatedari land and in a suit under Section 183 of the Rajasthan Tenancy Act, a decree has been passed in their favour on 29th December, 1970. Their further case was that Prabhu and Narain have given their option for surrendering the excess land which included the petitioners 6 bighas land of khasra number 11. The Revenue Appellate Authority, found that the petitioners are not aggrieved persons and so appeal is not competent. However, the direction was given to the S. D. O. that while resuming the excess land care may be taken that the disputed land may not be resumed. Against the order of R. A. A. dated 5. 1. 76, (Annexure-6) a revision petition was preferred by Prabhu and Narain respondents No. 6 and 7, which was allowed. However, the Board of Revenue, observed that from the S. D. O. 's order it would appear that he has asked the petitioners to submit their option. They have not indicated that they wish to surrender the land held by the present petitioners. As such it was further observed by the learned Member of the Board of Revenue, Ajmer, that when the S. D. O. has allowed an option presumably he will ensure that this encumbered land is not surrendered as far as possible in accordance with the second proviso to Section 30-E (2) of the Tenancy Act.

(2.) THE petitioner's case is that they are the khatedars of 6 bighas land of khasra No. 11 situated in village Joravarpura, and this land could not be surrendered by respondent No. 6 and 7 Prabhu and Narain. THEy are in possession of this land THE fact of actual surrender and taking of possession by the Pat-wari on 25. 12. 75, vide copy of 'dakhalnama' (Annexure-8) was not brought to the notice of the Revenue Appellate Authority and the Board of Revenue. It has also been asserted by the petitioners that the petitioners were not put out of possession. At the spot they continue to remain in possession over 6 bighas land of khasra No. 11 and in respect of this land the proceedings for taking possession are only paper proceedings. After the presentation of the writ petition, dispossession of the petitioners from this 6 bighas of land was stayed. So the alleged Dakhalnama would not come in the way of petitioners and it is urged by the learned counsel for the petitioners that the direction given by the Revenue Appellate Authority, and the observations made by the Board of Revenue, Ajmer, can still be implemented and executed. Respondent No. 6 & 7, Prabhu and Narain can be called upon to surrender 6 bighas land which is in their possession.