SUSHILA KUMARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the erstwhile Ruler of the Covenanting State of the Bikaner Dr. Kami Singh who has now expired during the pendency of the writ petition and has been succeeded by his legal representatives brought on record vide order of this Court dt. 21.8.89 have sought following reliefs;

(2.) THE contention of the petitioner Dr.Karni Singh now succeeded by his legal representatives was that he was erstwhile Ruler of Bikaner at the time of the merger of the State of Bikaner at with the Union of India and an inventory of the personal and private properties of the Ruler of Bikaner was prepared in pursuance of Article XII of the Covenant and that inventory stands finally approved by the Central Government. The petitioner thus, became the owner of the properties, the particulars of which were given in the inventory, approved by the Central Government, the copy of that inventory has not been produced in the writ petition.

(3.) SECTION 6(2) of the Act 1963 provides that out of the lands covered by Section 10(1)(a)(i) the lands which are in the personal cultivation of the landowner and in which there are no tenants, the landowner shall, as from the date of vesting, be the Khatedar tenant thereof. The petitioners have admitted that they have lands under their cultivation on which there are no tenants but these lands are included in the inventory of the private properties of the petitioners prepared in pursuance of Article XII of the Covenant. The petitioner does not possess any Other agricultural land which is not included in inventory as aforesaid. On account of the notification issued by the State Government in exercise of powers conferred on it under Section 7 of the Rajasthan Land Reforms and Acquisition of Landowner's Estates Act, 1963 (Rajasthan Act No. 11 of 1964) fixing first day of September as the date of vesting of the landowners' Estate in the Government. As regards the Estate of the late Dr. Karni Singh, the Collector, Bikaner commenced proceedings for acquisitions of certain properties vide notice dated 31.10.1975 and passed an order Annex. 1 dt. 19.12.75 in respect thereof. Certain properties have been exempted from acquisition but it is alleged that in respect of some properties, the matter has been referred by the Collector to the Compensation Commissioner for decision and the Compensation Commissioner has not finally decided the matter. No final order declaring the petitioner as the Khatedar tenant of the lands covered by Section 6(2) of the 1964 Act has also been passed. However, the Sub -Divisional Officer has issued a notice to him for acquisition of his agricultural lands as per provisions of Chapter IIIB of the Rajasthan Tenancy Act, 1955. The petitioner challenged the jurisdiction of the S.D.O. (South), Bikaner to proceed in the matter but that contention has been rejected and he has passed an order for acquisition of agricultural lands in possession of the petitioner except 305 bighas and 12 biswas of the Banjar land. The copy of that order dt. 28.10.71 has been filed as Annex. 2. The appeal preferred by the petitioner before the Revenue Appellate Authority was disposed of vide order dt. 13.9.76, whereby, the R.A.A. sustained the order of the S.D.O. (South), Bikaner that he has jurisdiction to proceed against the ex -Ruler under Chapter IIIB of the Rajasthan Tenancy Act. The revision petition preferred against that order before the Board of Revenue was also failed vide order Annex. 4 dt. 5.9.80 and the review petition was also dismissed vide Annex. 5. dt. 16.9.82. The petitioner has, therefore, challenged these orders and has sought the aforesaid reliefs through this writ petition.