NARENDRA KUMAR GOSWAMI Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) These two writ petitions No. 1745/76 and 1746/76 are being disposed of by this one order. The petitioners claim to be ex -Jagirdar of Jagir Chilkoi of Taranagar Tehsil. District Churu. Sec. 19 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952, provided that land out of the categories mentioned in that section, may, if available, be allotted (to a Jagirdar) as khudkasht under chapter IV of the said Act. Clause (vi) of sub -section (1) of Sec. 19 specifies one of the categories of land as follows:

(2.) The petitioner Dau Dayal Goswami moved an application on November 30, 1967, that they should have been but have not yet been allotted 5 Bighas of land on temporary cultivation and he prayed that such temporary allotment may now be made to them. The Deputy Commissioner, Colonisation, thereupon made a temporary allotment of 5 Bighas of land to them each on 7 -12 -67. The Tehsildar, Anupgarh, issued on 7 -9 -76 a notice to the petitioners demanding from each of them Rs. 1182/ - in one installment of the price of the land of 5 Bighas fixed under the Rajasthan Colonisation, (General Colony) Conditions, 1955, Rules 14 and 15.

(3.) The petitioners now pray for a writ of prohibition restraining the respondents from recovering the price of 5 Bighas of land except the betterment levy. They further prayed that the respondents be restrained from taking action against the petitioners for non payment of the said demand.