MERA DAY Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against endorsement made in petitioner's pass-book (Annex.-5) by the Patwari, inter alia, indicating that by mutation entry No.339, the land in question has been recorded as Siway Chak.

(2.) It is, inter alia, indicated in the writ petition that the petitioner purchased the land in question by registered sale deed dated 27.01.1992 from Sohan Singh, Jabbar Singh, Ram Singh sons of Kalu Singh. The land in question admeasures 69 Bigha 17 Biswa and is comprised in Khasra No. 9/310. It is also indicated that in the Jamabandi (Annex.-3), which pertains to Samvat Year 2018-2031, the land comprised in various Khasras, which was jointly held by several persons, it was indicated that Kalu Singh S/o. Moti Singh predecessor of petitioner's transferors was having 1/36 share. Where after, after sale of land in petitioner's favour vide Annex.-4, mutation was recorded in name of the petitioner and pass-book (Annex.-5) was issued, however, without indicating anything, the endorsement as noticed hereinbefore was made based on mutation No.339. The petitioner in the writ petition has placed reliance on order (Annex.-2) dated 10.04.1995 passed by the SDO, Pokhran.

(3.) It is submitted by learned counsel for the petitioner that the respondent-State was not justified in making the endorsement on the pass-book of the petitioner regarding the land having been recorded as Siway Chak. It is submitted that the said action has apparently been taken on account of the land having been surrendered by petitioner's predecessor-in-interest under the ceiling proceedings, which were initiated/decided against them and it is well settled that a holder-of land under the ceiling proceedings is not entitled to surrender encumbered land if he is in possession of unencumbered land and, therefore, the land having been transferred to the petitioner could not have been surrendered by the transferors.