SMT. RESHMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in the present writ petition is to order Annxure-5 dated 8.5.1986 passed by the learned Addl. Collector (Vigilence) Shri Ganganagar declaring 98.17 bighas of land in the hands of petitioner No. 1 as surplus as also the order Annexure-6 dated 25.4.1990 passed by the Board of Revenue, Ajmer by which, it was held that out of 125 bighas land, the petitioners were eligible to hold only 54.09 bighas and remaining 70.12 bighas land is surplus land in the hands of petitioner No. 1 and also to order Annexure-7 dated 31.7.1990 vide which, an application for review of the order dated 25.4.1990 passed by the Revenue Board, Ajmer was dismissed.

(2.) The facts on which there is no dispute and which have been mentioned by the learned Addl. Collector, Shri Ganganagar in his order dated 8.5.1986 also reveal that one Sheoji Ram was onwer of land measuing 153.05 bighas in Chak 4G Chhoti, Tehsil Shri Gangagnagar. He died on 30.12.1937. He had two sons nemely : Bhagirtah and Hajari Ram. Bhagirath had wife namely; Kesar. From this wedlock a daughter named Nathi was born. Since, Bhagirath was not blessed with a son from his wife Kesar, he married Smt. Reshmi, who gave birth to one daughter Kuldi and unfortunately, Bhagirath died having been murdered in Samvat Year 2000. Hajari the other son of Sheoji Ram was married with one Tulasi who died issueless. After death of Bhagirath, Hajari married Smt. Reshami and started living with her. She gave birth to Banwari, Jagdish and Sohanlal. Even though, it is further the case of petitioners that since Smt Kesar had no son, she took Banwari in adoption by a registered adoption deed dated 9.2.1960 but this fact may not be relevant in determining the controversy in hand.

(3.) Proceedings under Chapter Ill-B of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as the old Ceiling Act, were initiated against Smt. Reshami. Declarations were filed by her, Sohanlal, Banwari and Jagdish wherein each of them declared that they were owners of share to the extent of 25 bighas of land. It was stated in the declaration that Hajari Ram had died on 1.4.1966. It is the case of the petitioners that no area in hands of Smt. Reshami was declared surplus under the Old Ceiling Law. The proceedings for surplus area were dropped by the Sub Divisional Officer vide order dated 30.7.1971. The Government however, directed reopening of the case vide order dated 10.1.1980 under Section 5(2) (sic?) of the Act. The Addl. Collector vide his order dated 8.5.1986 held that Smt. Reshami and her husband Bhagirath were holding 153.5 bighas of land on the appointed date they had only six members in their family and were entitled to retain only 54.8 bighas of land. The rest of area measuring 98.17 bighas of land was declared surplus and was ordered to be resumed. Aggrieved with the order, the petitioners filed an appeal before the Board of Revenue which was partly accepted vide order dated 25.4.1990. The sales made by the appellants of an area measuring 28.05 bighas was held to be bonafide and thus, exempted. An area of 70.12 bighas was still declared to be surplus in the hands of the petitioners. Still aggrieved, the petitioners moved an application for review of the order dated 25.4.1990 but without any success as the same was dismissed on 31.7.1990. It is in the circumstances fully detailed above, that the present writ petition seeking to quash the order Annexure-5 dated 8.5.1986 passed by the learned Addl. Collector, Shri Ganganagar and the order Annexure-6 25.4.1990 passed by the Board of Revenue, has been filed in this Court.