PRATAP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These four writ petitions are based on almost identical facts and are, therefore, being disposed of by a common order. In these petitions the petitioners seek for issuance of an appropriate writ, order or direction against the 'Khudkast' Commissioner directing them to allot two 'murabbas' of land in the Rajasthan Canal area instead of one 'murabba' which has been allotted to each one of them by the Khudkast Commissioner. They further pray that the direction be issued to the Colonization Commissioner to allot each one of them permanently 5 'bighas' of land, which has been temporarily allotted to each one of them. All these petitioners are ex Jagirdars of Jagir Dungrana, Tehsil Bhadra, District Ganganagar and Sarupdesar, Tehsil Bikaner, District Bikaner. Their Jagirs were resumed under the Govt. notification in the year 1954 and possession of their Jagirs were taken on the same day. Each one of them was allotted one 'murabba' comprising 25 'bighas' as 'Khudkast land in December, 1965 but the possession was not given to them within two months as directed by the Khudkast Commissioner. However, in the year 1967 the Deputy Colonization Commissioner handed over possession of 20 'bighas' only to each one of them although each one of them was to be given possession of 25 'bighas' under the Khudkast Commissioner's order. They, therefore, made grievance in respect of the allotment of 5 'bighas' and rest contended with it for a very long time. As the facts in all these petitions are identical, to appreciate the real controversy raised in all the writ petitions, it will be appropriate to give briefly facts from one of the writ petitions, namely, S.B. Civil Writ Petition No. (sic) -Pratap Singh V. The State of Rajasthan and others. The decision in this petition shall also govern the rest of the petitions.

(2.) Petitioner Pratap Singh is ex Jagirdar of Dungrana & Sarupdesar. His Jagir was resumed in the year 1954 under the Government notification & the possession of his Jagir was taken over by the Government on October 29, 1954. On the resumption of Jagir the petitioner submitted an application on December 27, 1954. under Sec. 14 of the Rajasthan Land Reforms and Resumption of Jagirs Act, in short 'the Act' read with rule 10 of the Rajasthan Land Reforms and Resumption of Jagirs Rules, in short 'the Rules', to the Commissioner Khudkast, Rajasthan, Jaipur.

(3.) The Khudkast Commissioner, after calling reports from the concerned Collectors and after getting inquiry conducted, by his order dated December 23, 1965 (Ex. 2) allotted one 'murabba' or 25 'bighas' of land in the Rajasthan Canal area to Pratap Singh, the petitioner, to hand over the possession of 25 'bighas' of land in Rajasthan Canal area within two months. The possession was, however not handed over within two months. The petitioner therefore, submitted an application on January 27, 1966, to the Deputy Commissioner Colonization, for handing over possession of one 'murabba' of land at an early date. He was, however, informed that the possession could not be given under the Government orders till the Rules are amended by the Government. The Deputy Colonization Commissioner, therefor, sat tight in the matter of handing over the possession. The petitioner again along with other Jagirdars of Dungrana, made representation on August 24, 1967, to give possession of 5 'bighas' more in pursuance of the order dated December 28, 1965. The Khudkast Commissioner issued order on September 16, 1967 to give possession of 5 more 'bighas' of land to the petitioner on a temporary basis. It will be pertinent to mention here that the petitioner made grievance in respect of 5 'bighas' of land only and did not make grievance in respect of one 'murabba' from December 23, 1965, till November, 15, 1967 when he made representation for allotment of one more 'murabba'. The Khudkast Commissioner, after disposing of the representation of the petitioner for allotment of one more 'murabba intimated him that no further action can be taken, as there is no further land available in the Rajasthan Canal area by letter dated August 19, 1968. No further representations for Allotment of Additional 'murabba was made till the decision of appeal in Motisingh's writ petition upto May 1, 1972. It may be mentioned here that S.B. Civil Writ Petition No. 177 of 1969 was filed at the instance of Motisingh one of the Jagirdars of Dungrana. That writ petition was allowed on July 15, 1971 where under the Government of Rajasthan was directed by this Court to allot two 'murabbas' of land to Shri Motisingh. The judgment of Motisingh tempted the petitioner also, who although was satisfied with 25 'bighas' of land only came up with a further demand of one additional 'murabba' on June 1, 1972, but the petitioner's demand was not acceded to on the ground that he could not avail of the benefit aforesaid, as the Judgment was only in favour of Motisingh. Consequently, the demand for one additional 'murabba' was rejected and the petitioner was informed of the same by the Khudkast Commissioner's letter dated November 2, 1973. It is in these circumstances that the petitioner has moved this Court under Article 226 of the Constitution on September 11, 1974, with the prayers mentioned above.