MANGIBAI Vs. THE STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner, Mangibai assailing the orders dated 25.07.1989 and 02.02.1994 passed by Additional Collector(Ceiling), Kota; judgments passed by Board of Revenue for Rajasthan, Ajmer (for short 'the Board of Revenue) dated 10.04.1991, 16.03.1994 and 12.02.1996.

(2.) FACTS of the case are that petitioner's mother Smt. Kalyanibai W/o. Prabhulal Brahmin resident of Village Kotri Tehsil Sangod, District Kota held in her Khatedari 136 Bighas 1 Biswa of land in Village Kotri Tehsil Sangod, District Kota on 01.04.1966, i.e. appointed date, from which the provisions of Chapter III -B of the Rajasthan Tenancy Act, 1955 (for short 'the Old Ceiling Law') were enforced. The petitioner's mother Smt. Kalyanibai submitted her declaration under Rule 9 of the Rajasthan Tenancy(Fixation of Ceiling on Lands) Government Rules, 1963 (for short 'the Old Ceiling Rules') in the office of Sub Divisional Officer, Ramganj Mandi. On receiving report of Tehsildar Sangod, the SDO, Ramganj Mandi served a notice under Rule 14 of the Old Ceiling Rules on Smt. Kalyanibai. SDO, Ramganj Mandi vide judgment dated 08.06.1971 recorded finding that Smt. Kalyanibai held in her Khatedari 136 Bighas and 1 Biswas of land which was equivalent to 36.20 standard acres of land. After allowing Smt. Kalyanibai to retain 30 standard acres of land, 6.20 standard acres of land was declared surplus and it was directed that a notice be issued to Smt. Kalyanibai requiring her to submit her option as to which land did she desire to surrender. Thereafter, Smt. Kalyanibai filed review petition before SDO, Ramganj Mandi stating that a clerical mistake had been committed in calculating the standard acres of 136 Bigha and 1 Biswa of land which could be worked out as 34.59 standard acres and the same had been wrongly calculated as 36.20 standard acres. SDO, Ramganj Mandi vide judgment dated 13.08.1971 accepted the review petition and held that standard acres of 136 Bighas and 1 Biswa of land of Village Kotri were equivalent to 34.59 standard acres and after allowing Smt. Kalyanibai to retain 30 standard acres of land, 4.59 standard acres of land was declared surplus. But, since this constituted a fragment of holding, she was allowed to retain the same under Section 30 -I(2) of the Old Ceiling Law. Thus, no land of Smt. Kalyanibai was ordered to be acquired.

(3.) PURSUANT to judgment of Board of Revenue, the petitioner filed her option before Additional Collector(Ceiling) Kota on 04.09.1991. Thereafter, the same was sent to Tehsildar Sangod for his report who submitted his report on 03.07.1993. The Additional Collector(Ceiling), Kota vide judgment dated 02.02.1994 declined to give the petitioner the benefit of retaining 10 Bigha and 1 Biswa of land as a fragment under Section 30 -I(2) of the Old Ceiling Law. The petitioner again being aggrieved filed an appeal before the Board of Revenue which was dismissed vide judgment dated 16.03.1994. Thereafter, review petition was filed by the petitioner which was allowed by the Board of Revenue vide judgment dated 12.02.1996 directing that Board of Revenue's judgment dated 10.04.1991 be complied with and only 3.42 standard acres of land be acquired from the petitioner. However, the Board of Revenue did not give any direction about allowing the petitioner to retain 3.42 standard acres of land as fragment while allowing the review petition. Hence, this writ petition has been filed by the petitioner.