NOOR MOHAMMED Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) In this special appeal filed by appellant Noor Mohd. under Rule 134 of the Rajasthan High Court Rules, 1952 read with Article 225 of the Constitution of India, the judgment dated 26th of May, 2017 passed by learned Single Judge is under challenge, whereby the writ petition filed by the writ-petitioners was allowed.

(2.) As per facts of the case, Jawar Singh, predecessor of the petitioners, was holding 951 Bigha 11 Biswa lands, his son Khanu Singh submitted a declaration under Chapter III-B of the Rajasthan Tenancy Act, 1955 (Act of 1955) (Old Ceiling Law) before the Additional Collector, Bikaner and the Additional Collector in Ceiling Case No.303/1970 declared 340 Bigha 7 Biswa land as excess vide order dated 11.08.1971. Another proceedings were initiated against Jawahar Singh as Ceiling Case No.199/72 based on the declaration submitted by Jawahar Singh and vide order dated 19.11972 the order of resumption of 356 Bigha 11 Biswa land was made. After resumption of the land, the same was allotted to number of persons including private respondents. The allotments were purportedly made under the provisions of Rajasthan Land Revenue (Allotment of Land for Agriculture Purposes) Rules, 1970 (Rules of 1970).

(3.) Against the order dated 19.10.1972 passed against Jawahar Singh resuming 356 Bigha 11 Biswa land, an appeal was filed before the Revenue Appellate Authority, wherein submissions were made that as land has already resumed in Ceiling Case No.303/1970 pertaining to Khanu Singh, proceedings could not be initiated again. The appeal filed by Jawahar Singh was allowed by Revenue Appellate Authority, Bikaner vide its judgment dated 31.05.1984 (Annex.4).