BUDHA RAM Vs. STATE

JUDGEMENT

(1.) The petitioner who has described himself as a landless agriculturist has filed this petition on the grounds inter alia that he filed a suit for declaration of his Khatedari Rights in respect of a land in Khasra No. 520 measuring 10 Bighas and land measuring 11 Bighas and 4 Biswas in Khasra No. 125 situated in Village Rajgan, Tehsil Mandawar, District Alwar. The said suit was decreed ex parte by the Assistant Collector Kishangarh Bas, District Alwar vide order dated 11-3-1980. From the perusal of the decree dated 11-3-1980, it is apparent that the plaintiff's suit was decreed against the pro forma defendants. The plaintiff had described himself as tenant in possession of agricultural land falling in Khasra No. 520 measuring 10 Bighas and Khasra No. 125 measuring 11 Bighas and 4 Biswas as aforesaid and it was accordingly prayed that he is not liable to be evicted by the Tehsildar who may grant him Sanad after realising the value of the land after its assessment. Since the suit was decreed ex parte, though the said order was challenged in appeal, when this fact was brought to the notice of the Collector, Alwar, he took note of this glaring anomaly that how a decree had been drawn up in respect of a land which was an evacuee property. Thus taking note of the apparent jurisdictional error made by the Assistant Collector, the Collector, Alwar issued show cause notice to the petitioner, calling upon the latter to explain as to how he was entitled to claim possession of the evacuee land as of right and to claim bona fide allotment of the said land by virtue of his continuous possession vide notice dated 11-8-1982 (Annexure-1) contrary to the provisions of Rajasthan Land Revenue (Permanent Allotment of Evacuee Agricultural Land) Rules, 1963 (hereinafter referred to as "the Rules of 1963") as well as the provisions of Sections 46 and 50 of the Administration of Evacuee Property Act, 1950 (hereinafter referred to as "the Act of 1950").

(2.) On receipt of the aforesaid notice from the Collector, Alwar, petitioner sent his reply taking various objections therein including a specific objection to the effect that the Collector was not competent to make a reference to the Board of Revenue, Ajmer being not permissible under Section 232 of the Rajasthan Tenancy Act (Act No. 3 of 1955) (hereinafter referred to as "the Act of 1955").

(3.) Another objection was raised by the petitioner on the ground that assuming that the land in question was subject-matter of the Rules of 1963 and hence the petitioner was subject to applicability of the provisions of the Act of 1955, the land being an evacuee property, the Court of ACJM, Alwar had no jurisdiction to entertain any claim on petition with respect to the said land. Alternatively, it was contended that the land in question was purchased by the State Government in the Districts of Alwar and Bharatpur for the sum of Rs. 1 crore in a package deal and, therefore, the Rules of 1963 had no applicability. It was also contended by the petitioner that since a reference in respect of a decree and the sanctity of a decree has been kept apart by the Act, there is no power vested in the Collector or in the Board of Revenue for making a reference in respect of a decree passed by the civil Court. Hence, the whole of powers exercised by the Collector and Board of Revenue are illegal and void.