- (1.) By this petition a challenge has been made to the order dated 24-9-2008 in Revision/TA/4334/97/SWM passed by the Board of Revenue Ajmer (herein after 'the Board') whereby the revision petition filed by the petitioners has been dismissed and the order of Revenue Appellate Authority Sawai Madhopur passed on 2-8-1997 in Appeal and the order dated 22-8-1992 passed by the Sub Divisional Officer Gangapur City in respondent-plaintiffs' suit upheld.
(2.) The facts of the case are that the respondent Tara Singh s/o Guman Singh was at the relevant time stated to be the khatedar of agricultural land measuring 140 bighas (75.05 standard acres) situated in village Gudhachanderji. Ceiling proceedings under Chapter 3B of the Rajasthan Tenancy Act, 1955 (hereinafter 'the 1955 Act') were initiated against him in the 1970. Vide order dated 1-1-1971, the Sub Divisional Officer found that the respondent Tara Singh was in possession of 45.05 standard acres of land in excess of the ceiling limits. Resumption of said surplus land was ordered. Respondent Tara Singh filed an appeal against the order dated 1-1-1971 passed by the Sub Divisional Officer, before the Revenue Appellate Authority, Kota in the year 1975. One Kishan Singh brother of Tara Singh claiming to be a beneficiary of 37 bighas 12 biswas of land in khasra No.530 in the khatedari of Tara Singh also aggrieved of the order dated 1-1-1971 filed an appeal before the Revenue Appellate Authority Kota against the order dated 1-1-1971 passed by the Sub Divisional Officer. Both the appeals were dismissed by the Revenue Appellate Authority Kota. Aggrieved of the dismissal of both the appeals against the order dated 1-1-1971 passed by the Sub Divisional Officer, both Tara Singh and Kishan Singh filed separate revision petitions No.83/1976 and 313/1976 before the Board. The Board vide order dated 1-7-1976 dismissed both the revision petitions. However, the Board while addressing the facts of the case found certain irregularities to Tara Singh's benefit in the proceedings under the Act of 1955 and noted that in fact Tara Singh appeared to have much more than 45.05 standard acres of land surplus on the record date which was liable to be resumed. Consequently, even while dismissing the revision petitions filed by Tara Singh and his brother Kishan Singh a direction was issued to Sub Divisional Officer Gangapur City in the exercise of the Board's inherent powers of superintendence vested in the Board, to further enquire into surplus land of Tara Singh taking into account certain other transfers between 25-2-1958 and 31-12-1969 purportedly under Section 30-D and 30-DD of the 1955 Act. It was further directed by the Board that Tara Singh be required by the Sub Divisional Officer Gangapur City to explain the transfers but he would not be given any opportunity of reopening concluded matters, as it was not intended that the remand order would allow Tara Singh to reopen the case, as far as finding of 45.05 standard acres of surplus land attaining finality under the Board's judgment dated 1-7-1976. It was made clear that Tara Singh would be given an opportunity to exercise his option in respect of land to the extent of 30 standard acres as he was entitled to and which he would like to retain. No indulgence of any kind or manner whatsoever was given to Kishan Singh and the order dated 1-1-1971, disallowing transfers of 37 Bigha 13 Biswas in khasra No.530 village Gudhachanderji qua Kishan Singh attained finality.
(3.) Consequent to order dated 1-1-1971, whereby the Sub Divisional Officer Gangapur City had found Tara Singh in possession of 45.05 standard acres of land in excess of the ceiling limit under the 1955 Act, on 29-4-1975 the excess/ surplus land i.e. 45.05 standard acres of land (equivalent to 82 Bighas) comprising 37 Bighas 13 Biswas in khasra No.530 situated at village Gudhachanderji was resumed. The petitioners being the targeted beneficiaries belonging to scheduled caste and landless agriculturists and also being in cultivatory possession allotted the said land under Rule 14 (4) of the Rajasthan Land Revenue (Allotment of land for Agricultural Purposes) Rules, 1970 (hereinafter 'the 1970 Rules').;