JAGANNATH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) The petitioners have challenged the order dated 16.12.1993 passed by the Deputy District Collector, Kota, whereby the learned Deputy District Collector had amended the order dated 02.05.1992 also passed by the previous Deputy District Collector Kota. The petitioners have also challenged the order dated 01.03.1994 passed by the Additional District Collector (Ceiling) Kota whereby the learned Additional District Collector has upheld the order dated 16.12.1993. Lastly, the petitioners have challenged the order dated 19.08.1994 passed by the Board of Revenue ('the Board', for short) whereby the Board has upheld the order dated 16.12.1993 and the order dated 01.03.1994.

(2.) The Brief facts of the case are that ceiling proceedings were initiated against the petitioners. Vide order dated 23.04.1976, it was held that 200 bighas and 18 biswas of land which belong to the petitioners were in excess of the prescribed ceiling limit. Therefore, the land was acquired on the basis of the option given by the petitioners. The petitioners preferred an appeal against the said order before the Revenue Appellate Authority ('the RAA', for short). However, vide order dated 23.04.1976, the RAA dismissed the said appeal. Meanwhile the land which was acquired was allotted to different persons, namely respondent Nos. 5 to 10. The allotment was not only confirmed, but respondent Nos. 5 to 10 were also granted the 'Ghair Khatedari' rights. On the other hand, since the petitioners were aggrieved by the order dated 23.04.1976, they filed an appeal before the Board. Treating the appeal as a revision, the Board rejected the said revision vide its order dated 14.05.1979. Thereafter, challenging the order dated 14.05.1979, the petitioners filed a writ petition before this Court. Vide judgment dated 03.01.1991, this Court accepted the writ petition and remanded the case back to the Board. Vide order dated 30.01.1992, the Board again decided the case and held that only 47.84 standard acres of land was in excess of ceiling limit. Since the petitioners were entitled to be restored the part of the land which was earlier acquired, the petitioners filed an application under Section 144 of CPC before the SDM, Kota. Vide order dated 02.05.1992, the SDM directed that the petitioners were entitled to 50 bighas and 4 biswas of land to be restored back to them. Since respondent Nos. 5 to 10 were aggrieved by the order dated 02.05.1992, they filed an appeal before the RAA. However, vide order dated 17.09.1992, the RAA dismissed their appeal. Thereafter, respondent Nos. 5 to 10 filed an appeal before the Board. But vide order dated 17.09.1992, the Board also dismissed their appeal. The Board was of the opinion that the petitioners are entitled to restitution of their land.

(3.) Respondent No. 5 to 10, thereafter, moved an application before the Deputy District Collector praying for amendment in the order dated 02.05.1992. Vide order dated 16.12.1993, the said application was accepted. The learned Deputy District Collector held that while the petitioners were entitled to restitution of land in Khasara Nos. 90, 123, 124 and on the southern part of Khasara No. 117, the petitioners were not entitled to the land which was on the northern part of Khasara No. 117. Since the petitioners were aggrieved by the order dated 16.12.1993, they filed an appeal before the Additional District Collector. However, vide order dated 01.03.1994, the learned Additional District Collector dismissed the appeal. Aggrieved by the order dated 01.03.1994, the petitioners approached the Board. However, vide order dated 19.08.1994, the Board partly allowed the appeal. While setting aside the decree of injunction passed by the learned Additional District Collector, the Board upheld the rest of the order dealing with the extent of land to be restored to the petitioners. Hence, this petition before this Court.