MADAN LAL Vs. GOVT OF RAJASTHAN

JUDGEMENT

(1.) THIS is a reference by the Commissioner, Jaipur dated 9. 10. 56 and arises under the following circumstances: -

(2.) IN village Khir Khari, Tehsil Malarna Chour, District Sawai Madhopur there is a Bagichi known as Bagichi of Munim Mithalal measuring 9 Bighas comprising khasra Nos. 37, 50 and 51. The land included in the Bagichi was given to one Jawaharmal Kanun go free of rent under a patta dated Magh Sudi Smt. 1888 for plantation of fruit trees. As Mithalal had made improvement in the plantation, the Bagichi, therefor, came to be known by the name of Bagichi of Munim Mithalal. It appears that in Smt. year 1985, this Bagichi reverted to Khalsa and was recorded as Siwai Chak in the record. Although the file pertaining to the resumption of Bagichi in Smt. year 1985 is not available, the fact of its reversion to Khalsa and its entry in Siwai Chak is not denied. After its resumption, the produce of the Bagichi was auctioned every year and the average income credited to the State was about Rs. 392/ -. Even in Smt. year 2005, the income credited to the State was Rs. 105/ -. IN Smt. year 2036 when the question of auctioning the produce of the Bagichi was taken up, it came to the notice of the Tehsildar that a Khatedari parcha of this Bagichi land had been issued by the Settlement Department in the name of Madanlal, Rameshwar Prasad and others. Thereupon the Tehsildar instituted an enquiry, from which it came to light that during the settlement operations, an application was put up by Madanlal, Kalyan Baksh, Rambilas, Nand Kumar and Rameshwar Prasad on 29. 1. 49 to the Settlement Officer, Kota with the request that as a pakka v ell constructed by their ancestors exists in Siwai Chak Khasra No. 37 measuring 7 Bighas and 17 Biswa, Khasra No. 50 measuring 14 Biswas and Khasra No. 51 measuring 9 Bighas and is known by the name of their ancestors, a parcha be given in their name and the Settlement rents fixed thereupon. This application was forwarded by the Settlement Officer to the Assistant Settlement Officer who in turn asked the Patwari of the circle to submit a statement in accordance with the Revenue Standing Order. The Patwari submitted a statement on 16. 2. 49 with details of Khasra No. , area, soil classification etc. with a note that in Khasra No. 37, there is a pakka well which was constructed by the ancestors of the applicants and that there are mango, tamarind and other trees which were also planted by their ancestors. Thereafter, the Assistant Settlement Officer, Sh. Narsinghdas Haldia recorded the statement on 22. 7. 49 of Kalyan Baksh, son of Mitha Lal one of the applicants and also one statement of Jiwan and Jinsi Patels and three others who stated that they had no objection to the parcha of the land being given to the applicants. On the same date i. e. 22. 7. 49 when the above statements were recorded the Assistant Settlement Officer, Shri Narsingh Das Haldia passed the following order : - "from the statements of the Patels and report of Patwari it appears that there is a pakka well and Bagichi in Khasra Nos. 37 and 51 which is in their possession since long, Hence Khasra Nos. 37 and 51 be entered in the names of Madanlal, son of Kanahiyalal, Rameshwar Prasad son of Prabhulal, Kalyan Baksh son of Mithalal, Rambilas and Nand Kumar sons of Durga Baksh and Govind Das son of Kalyan Baksh. Siwai Chak entry be cancelled. Papers be put up after correction. " IN compliance with this order, a parcha chakbandi was issued on 31. 7. 49, Khasra Nos. 37, 50 and 51 recording all excepting Govind Das as Khatedars each having 1/4 share with the soil classification as Ghair Mumkin Bag and annual rent of Rs. 14/1 - The Assistant Settlement Officer ordered entries to be made only with regard to Khasra Nos. 37 and 51 but Khasra No. 50 also finds place in the parcha, Moreover, the name of Govind Das son of Kalyan Baksh was omitted in the entries. After the Khatedari parcha was issued, they obtained a Pattedari parcha also on payment of premium of Rs. 143/7/- on 1. 12. 49. The question that come up for enquiry was as to how Siwai chak land was entered in the names of certain individuals. The Tehsildar finding that a parcha chakbandi had been issued to the applicants by the Settlement Department and thereafter a Pattedari parcha, recommended that the land be allowed to stand in the name of applicants. This recommendation was endorsed by the Sub-divisional Officer and the Collector but the Commissioner disagreeing with this, recommended to the Government in the Revenue Department on 26th Feb. , 1953, that the action of the Assistant Settlement Officer in issuing a Khatedari parcha of the resumed land was entirely wrong and therefore the Parcha chakbandi and patta be cancelled. The Government returned back the papers with the direction that a reference be made to the Board of Revenue under sec. 38 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951. The Addl. Commissioner, Jaipur, has, therefore, made this reference agreeing with the recommendation of the Sub Divisional Officer and Collector that as the applicants are in possession of the disputed land Bagichi as well for the last six years, Parcha chakbandi end patta stand in their name, the parcha and patta be confirmed.