NANDLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two special appeals Nos, 47 and 49 of 1977, preferred by Nand Lal and Ganesh Lal, under Section 18 of the Rajasthan High Court Ordinance, 1949, are directed against the order, delivered in Civil Writ Petitions Nos. 1507 of 1976 and 1508 of 1976 on October 26, 1977, rejecting the writ peti-tions challenging the validity of the order of the Revenue Appellate Authority, dated August 27, 1976, holding that the transfers of the surplus land, transfer of which was. made after December 31, 1969, had no right of hearing and consequantly the appeals filed by then were not maintainable.

(2.) THE facts giving rise to these special appeals are that the Sub Divisional Officer, Kota, (vide his order, dated July 12, 1976) refused to recognise the transfer of land made in favour of the appellants as the sale-deeds were executed after December 31, 1969 and the Sub-Divisional Officer further held that Bakhtawar Singh was liable to surrender 339. 76 standard acres of land, being surplus land. He was given an option to select for himself and his sons land within the ceiling limit which he wanted to retain. It was urged that the Khatedar-tenant while exercising the option given to him included in the list of the fields to be surrendered, Khasra No. 39, measuring 29 Bighas and 1 Biswa, situate in village Chatinda, as also Khasra No. 38, measuring 13 Bighas and 1 Biswa of land, situate in village Bhojpura, alleged to have been transferred to petitioners Nandlal and Ganeshlal respectively. THE petitioners raised an objection before the Sub-Divisional Officer, but without any success. THE appeal filed before the Revenue Appellate Authority also resulted in fiasco.

(3.) NOW the questions, which need to be determined, are (1) what is the effect of not availing of the alternative remedy available to the petitioners; and (ii) whether the petitioners had any right of notice against accepting the option exercised by the Khatedar-tenant, Major Bakhtawar Singh.