KULDEEP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioner has prayed for issuance of a writ quashing and setting aside the order dated 25th September, 1975, passed by the Sub -Divisional Officer, Sambhar Lake; order dated 7th February, 1976 passed by the Additional Collector, Jaipur and the order dated 10th January, 1977, passed by the Board of Revenue for Rajasthan.

(2.) BRIEFLY stated the facts of the case are that proceedings were initiated under Chapter III -B of the Rajasthan Tenancy Act, 1955 (here in after referred to as the Old Ceiling Law). In the proceedings, it was held by the Sub -Divisional Officer, Sambhar Lake by his order dated 6th December 1971 that transfer of 860 Bighas 4 Biswas of land was valid and permissible and, for the remaining land there were three equal shares of the petitioner, his Sister Jyendra Kumari and his grandmother Smt. Rasal Kanwar. The remaining land is equivalent to 120 standard acres of land, therefore, leaving standard acres in three shares, 30 standard acres of land be acquired. The petitioner has further stated that the Sub -Divisional Officer acting as Authored Officer in proceedings under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (here in after referred to as the New Ceiling Law) passed an order dated 25th September, 1975, whereby he held that the petitioner is holding 189 -1/2 standard acres of land, put of which 54 acres be left with the petitioner and 135.6 acres of land he declared as being in excess of the ceiling limit and be ordered to be acquired. The petitioner filed an appeal before the Additional Collector, which was dismissed on 7th February, 1976. Again aggrieved by the order of the Additional Collector, Jaipur, the petitioner filed second appeal before the Board of Revenue. The second appeal was dismissed vide order dated 10th January, 1977. Aggrieved by the aforesaid judgments. the petitioner has filed this writ petition.

(3.) SHRI N.L. Pareek, learned Addl. Government Advocate, while replying to the submissions made by Shri B.L. Sharma, submitted that the judgment of the Board of Revenue for Rajasthan, Ajmer is perfectly justified and no interference is called for by this Court. On facts, Shri Pareek submitted that the lands which stood in name of the petitioner on the crucial day i.e. 26th September 1970 and which was verified by the Tehsildar to be in the Khata of the petitioner were taken into consideration by the revenue authorities while considering the case of the petitioner. The petitioner as Khatedar did not point out the particulars of transfers made prior to 26th September, 1970 which affected his holding on 26th September, 1970 and thus the objection raised by the petitioner was rightly rejected. Shri Pareek further pointed out that after 26th September, 1970 the land measuring 38 -1/4 acres was transferred through registered sale -deed and the transferees were found in possession of the land were rightly excluded from the petitioner's holding along with the land measuring 117 -4/5 Bighas acquired under the old ceiling law. Shri Pareek also submitted that the SDO, Sambhar Lake vide his order dated 6th December, 1971, rightly ignored the shares of the grand -mother and sister Jyendra Kumari as the land stood in the name of the petitioner in the record of rights and he used to pay land revenue of it. Shri Pareek 'pointed out that the decree passed by the Sub -Divisional Officer on 1st Dec, 1971 was a consent decree and was passed after the appointed date and was an act to defeat the provisions of the Ceiling Law.