JOGA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition under Art. 226 of the Constitution of India, the ; petitioner has challenged the legality of the ; orders Annexure/5 dated 27-4-1993 and Annexure/8 dated 26-7-1994 passed by the ; Addl. Collector, Barmer.

(2.) The brief facts leading to this writ petition are that one Mst. Chothi wife of Sone resident, of village Kama Tehsil Barmer had some agricultural land standing in her name. A part of that land was sold by her by executing three sale deeds in the month of Nov. 1971. One of the sale deed was executed in favour : of the petitioner and his brother Punma Ram for 175 bighas and 10 biswas of the land bearing khasra No. 208. Ceiling proceedings were initiated against Mst. Chothi. The.above three sale deeds came under scrutiny and all the three sale deeds were not found to have been executed bonafidely and therefore, they were not recognised.

(3.) Incidentally the petitioner filed an : application for mutation on the basis of the ; above sale deed which was also rejected by the Sarpartch, Gram Panchayat Kama in the year 1973. The petitioner then filed a suit in the Court of the learned Additional Collector, Barmer for declaring him and his brother as (khatedar tenants of the said land. However, that suit was rejected vide order dated 24.3.1977.