RADHA KRISHNA Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) D. B. Civil Writ Petition No. 4859/93 and D. B. Civil Writ Petition No. 32.01/ 93 involving similar question of law, can be disposed of by one order and hence are being disposed of together.

(2.) It shall be necessary to give certain facts. The facts in Civil Writ Petition No. 4869/93 are that petitioner's father was assessing Khatedari land comprising of Khasara numbers mentioned in para 2 of the Writ Petition and out of this land 150 big has and 9 Biswas of land, situated in Bajju Khalsa had come in shat^of the petitioner's father and rest of the land had been shared by other brothers. This land was possessed by the petitioner's father as Khatedar and earlier to that the land was possessed by the ancestors of the petitioner, and therefore, on the enforcement of the Ten-ancy Act, this land had become Khatedari land. The land in question had become colony within the meaning of Sec. 2(ii) of Rajasthan Colonisation Act, 1954 and therefore the petitioner had also become Gair Khatedar in respect of said land. It is alleged in both the Writ Petitions that survey or re-survey under Sec. 106 and 107 of the Revenue Act was done in the concerned villages in the year 1962 to 1967 and in the process it was only those persons who became tenants by the succession or acquired any status at that relevant time, were recorded, as such in the process of survey or re-survey conducting under Sections 106 and 107 of the Land Revenue Act. The names/entries of the petitioners could not find mention because of the reason that they had acquired the rights later on.

(3.) The petitioners submitted that benefits accruing to Khatedars or their successors; whose names do appear in the records of rights but have not been incorporated in the survey or re-survey because of non-holding of the survey after 1967 in the villages of the petitioners in both the Writ Petitions are not being bestowed on them. They are deprived of the benefits of the provisions of Tenancy Act because of the reason that as per the "words" provided in Sec. 15AAA(2A) i.e. "prepared during the survey or re-survey and record operations conducted under Secs. 106 and 107 of the Revenue Act," an hostile discrimination has been made against them.