MAGARAM Vs. B O R

JUDGEMENT

(1.) All these writ petitions have been filed under Article 226 of the Constitution of India. Since all these three petitions relate to the land which was either sold or gifted by Shri Chandi Dan to the petitioners and was subject- matter of ceiling proceedings, I propose to dispose of them together by this common order.

(2.) The brief facts relevant for the disposal of these petitions may be recalled as follows: Chandi Dan and Suraj Dan, residents of Allawas Tehsil Sojat possessed 512 bighas of land situated in village Allawas. Chandi Dan has three sons namely, Kailash Dan, Ishwar Dan and Onkar Singh. Suraj Dan had no issue. These two brothers were joint Khatedars of the above land. Suraj Dan sold and transferred 400 bighas of land to Amba Dan. It was resisted by Chandi Dan and his three sons. A suit was, therefore, filed by Chandi Dan and his three sons against Suraj Dan and Amba Dan in the Court of Assistant Collector, Sojat. However, the matter was ultimately compromised before the Board of Revenue on 7-9-1971. The Board of Revenue passed a compromise decree on 8-9-1971 in terms of compromise and it was observed that the land in question fell into the share of Chandi Dan and his three sons. Thereafter, Chandi Dan transferred 3/4th share of 97 bighas of land to the petitioners of Writ Petitions 3266/92 and 3267/92 by three registered sale deeds dated 14-1-1974.

(3.) It may also be stated that in the year 1975 out of the land belonging to Shri Chandi Dan situated in Khasra No. 581, he gifted the land measuring 2 hectares and 22 acres to the petitioner Amba Dan (Writ Petn. No. 5193/93). After the above transfers by sale and gift, the land was muted in the name of the petitioners in the jama-bandi. It appears that ceiling proceedings under the provisions of the Rajasthan Tenancy Act, 1955 (referred to hereinafter as "the Act of 1955") were initiated against Shri Amba Dan. However, on consideration of the reply of Shri Amba Dan, the proceedings were dropped by the Authorised Officer concerned vide order dated 28-1-1976. However, the State Government, exercising the powers conferred by Section 15(2) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (referred to hereinafter as "the Act of 1973") against Shri Amba Dan vide order dated 18/26-4-1980. Pursuant to the above order of the Government, the Additional Collector issued notice to Shri Amba Dan and eventually the Additional Collector passed an order on 20-7-1989 against Shri Amba Dan for acquisition of 377.18 bighas of land of Shri Amba Dan. Feeling aggrieved by the above order dated 20-7-1989, Shri Amba Dan filed an appeal before the Board of Revenue along with an application for condonation of delay in filing the appeal. The Board of Revenue condoned the delay in filing the appeal. The appeal came to be decided by the Board of Revenue on 5-5-1992. The appeal was partly allowed by the Board of Revenue and it accepted the contention of the appellant that his son Bhairon Singh was major at the relevant time. Hence in computing the land for the purpose of ceiling, Bhairon Singh was entitled to the exemption of land of one unit. The Board of Revenue, therefore, held that the appellant was entitled to retain 227 bighas of land. The remaining land 242 bighas 18 biswa was allowed to be acquired by the Government. Shri Amba Dan also submitted an option before the Board of Revenue in respect of the land which he intended to surrender which included the land in question which was sold and gifted to the petitioners. The Board of Revenue accepted the above option given by Shri Amba Dan and made an order accordingly. All along the above proceedings the petitioners were neither made any party nor any notice was issued to them. The petitioners of petitions 3266/92 and 3267/92 came to know about these facts immediately after the order was passed by the Board of Revenue when they were informed in the first week of June, 1992 that they were liable to be dispossessed from the above land in pursuance of the above judgment. The petitioner Mata Deen (Writ Petn. No. 5193/93) came to know when he received a notice dated 24-9-1993 from the Tehsildar, Sojat whereby he was asked to pay a sum of Rs. 555/- as land revenue. The petitioner was surprised by the receipt of the above notice. He, therefore, made inquiries and it was revealed that an order purporting to be under Section 91, Land Revenue Act has been passed by the Tehsildar, Sojat directing eviction of the petitioner from the land in question and a penalty of Rs. 555/- was also imposed. The petitioners of petitions 3266/92 and 3267/92 immediately filed a review petition on 15-6-1992 but the above petition was dismissed on 22-6-1992. Thereafter, the Patwari of the area came to the spot and took necessary steps to evict the petitioners from the above land.