SUNIL KUMAR GARG, J. - (1.) THIS writ petition under Article 226 purporting to be under Article 227 of the Constitution of India has been filed by the petitioners, who are transferees, on 3.10.1991 against the respondents with the prayer that by an appropriate writ, order or direction, the impugned judgment dated 6.9.1991 (Annex. 4) passed by the Board of Revenue, Ajmer be quashed etc. etc.
(2.) IT arises in the following circumstances: One Jeevraj Singh S/o Shri Shivnath Singh by caste Rajput, resident of Meda Upperla, Tehsil Jalore was having his agriculture land in village Meda Upperla and also in village Sehwaj. On coming into force of the Chapter -III -B of the Rajasthan Tenancy Act, 1955, the proceedings were initiated against said Jeevraj Singh and after determining his ceiling area, the Sub -Divisional Officer (Revenue), Jalore came to the conclusion that Jeevraj Singh had no land in excess than the ceiling area applicable to him. Therefore, he came to the conclusion that the proceedings pertaining to the ceiling area may be dropped against him. This order was passed by the Sub -Divisional Officer (Revenue), Jalore on 20.10.1975, a copy of which is marked as Annex. 1. Thereafter, the State Government invoking its powers under Section 15(2) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (hereinafter referred to as 'the Act of 1973'), re -opened the case pertaining to said Jeevraj Singh by order dated 16.4.1981 and sent the matter to the Collector, Jalore for re -opening the matter and deciding the same afresh. A copy of the order passed by the State Government on 16.4.1981 is marked as Annex. 2. After receipt of the above mentioned order, notices were issued to Jeevraj Singh by the Collector, Jalore. It may be stated here that Jeevraj Singh died in the year 1977 and after him, Man Kanwar wife of Jeevraj Singh and Ratan Singh S/o Jeevraj Singh were his legal heirs. Smt. Man Kanwar also died in the year 1982. Therefore, a notice was issued to Ratan Singh by the Collector, Jalore, The proceedings before the Collector, Jalore were taken ex -parte. The Collector, Jalore decided the case of Ratan Singh ex -parte and came to the conclusion that he was having 2420 bighas of land in excess in village Meda Upperla and also the land situated in Khasra No. 273 of village Sehwaj as the surplus land. No option was given and no proceedings for determining the ceiling area were taken, as provided under Rules 19 and 21 of the Rajasthan Tenancy (Fixation of Ceiling on Land) Government Rules, 1963. A copy of the order passed by the Collector, Jalore on 20.9.1984 is marked as Annex. 3. It was submitted by the petitioners that the land of Khasra No. 273, which was declared surplus, was purchased by the present petitioners through registered sale deed dated 7.7.1972 and, therefore, the petitioners filed an appeal before the Board of Revenue, Ajmer against the judgment dated 20.9.1984 passed by the Collector, Jalore on various grounds, but that appeal of the petitioners was dismissed by the Board of Revenue, Ajmer through judgment dated 6.9.1991 (Annex.4) holding inter -alia that the purchasers had no right to file appeal. Aggrieved from the said judgment dated 6.9.1991 (Annex. 4) passed by the Board of Revenue, Ajmer, this writ petition has been filed by the petitioners. In this petition, the judgment of the Board of Revenue dated 6.9.1991 (Annex. 4) has been challenged on various grounds as mentioned in Para No. 6 of the writ petition and one of the grounds taken by the petitioners is that the Board of Revenue through impugned judgment Annex. 4 dated 6.9.1991 should have not dismissed the appeal as being not maintainable as the purchasers were aggrieved persons within the meaning of Section 23 of the Act of 1973 and, therefore, the Board of Revenue should have decided the appeal of the petitioners on merits instead of throwing it on the ground of being not maintainable.
(3.) ON the other hand, the respondents supported the impugned judgment dated 6.9.1991 (Annex. 4) passed by the Board of Revenue, Ajmer.;