LAL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition and other writ petitions have been filed seeking reliefs to quash the demand for the price of the lands allotted to them at four times rate of "reserve price" as contemplated in the notification dated 4. 6. 81 (Anx. 1) and further prayed to restrain the respondents from charging the said price fron them under the proviso to the said notificatons Anx. 1 to the writ petitions. Since in all these writ petitions, common questions of law and facts are involved, hence these petitions are being decided o n merits by a common judgment treating S. B. Civil Writ Petition No. 830 of 1994 as a leading case in which reply to the writ petition has been filed on behalf of the respondents.

(2.) BRIEF facts necessary for deciding these writ petitions are to be noticed that Baba Hardwari Nath Dharmarth Trust and Baba Mawasi Nath Dharmarth Trust were land-owners of agricultural lands situated in Gang Canal Area of Tehsil Sri Ganganagar. The lands in dispute have been acquired unde Imposition of Ceiling on Agricultural Holdings Act, 1973 (hereinafter referred to as ` Act No. 11 of 1973') within the meaning of Section 16 of the said Act, which provides that the surplus lands held by the land- holders and shown in the final settlement shall be deemed to have been acquired by the State Government and the same shall from the date of service of the final statement on a person, vest absolutely in the State Government free from all incumbrances.

(3.) THE answering-respondents have specifically stated in paragraph 5 of the reply that the State Government on 26. 12. 1990 in exercise of the powers conferred by Sec. 28 read with Sec. 7 of the Rajasthan Colonisation Act, 1954 amended the Rajasthan Colonisation (Gang Canal Lands Permanent Allotment and Sale) Rules, 1956. A cyclostyle copy of the said notification dated 26. 12. 90 is filed as Ex. R/3 to the reply. I have heard Mr. B. L. Purohit, learned counsel for the petitioners as well as Mr. M. R. Singhvi, learned counsel appearing on behalf of the answering-respondents at length and critically gone through the material available on record.