STATE OF RAJASTHAN AND ORS. Vs. GHANCHI MAHASABHA

JUDGEMENT

(1.) THIS intra court D.B. Civil Special Appeal arises out of the judgment of the learned Single Judge dated 10th August, 2001, by which he allowed the writ petition and while setting aside the order of the Collector dated 25.8.1987, a declaration was made that the transfer made in favour of Shri Ghanchi Mahasabha of the land forming part of the Sardar Samand Estate held by the erstwhile ruler of Marwar, declared by this court to be falling within the provisions of Section 10 of the Rajasthan Land Reforms and Acquisition of Land Owners Estate Act, 1963 (Act No. 11 of 1964), (for short, "the Act of 1964") beyond the pail of acquisition, is not affected by the provisions of Section 7-A(i) of the Act of 1964. Learned Single Judge, however, observed that this declaration shall not affect the provisions of the Ceiling law, as may be applicable to it.

(2.) SHRI Ghanchi Mahasabha, which is a representative body of Ghanchi Samaj, traditionally engaged in rearing cattle, was registered as a Society under the provisions of the Societies Registration Act. It is alleged to have purchased the land measuring 8772 bighas in Sardar Samand Estate in District Pali, known as 'Soorwari' covering the grass zone in between the Sardar Samand Estate from erstwhile Ruler of Marwar Shri Gaj Singh vide sale deed dated 31.8.1964, which was alleged to be in possession of Shri Ghanchi Mahasabha since 1958 -59 and of which Shri Ghanchi Mahasabha was put in possession on the execution of the sale deed.

(3.) THE Act of 1964 was enacted by the State Government to provide for acquisition of the estates of land owners and in consequence thereof to amend certain other Acts. It was amended by the Rajasthan Act No. 15 of 1975 for other measures of agrarian reform, removal of intermediaries, allotment of land to landless persons and development of agriculture substituting Chapter IV of the Act of 1964 with retrospective effect.