DWARKA PRASAD GUPTA, J. - (1.) THESE 14 writ petitions involve common questions of fact and law and as such it would be proper to dispose them of by a common order.
(2.) IN all the 14 writ petitions, the salient features which are not in dispute are that on the resumption of Jagir lands Under Section 14 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (here in after referred to as 'the Act') some of the ex -jagirdars were allotted Khudkasht lands in the commanded area of the Bhakra Project on concessional terms and conditions. Rule 15(2) of the Rajasthan Land Reforms and Resumption of Jagirs, Rules, 1954 provides that a Jagirdar, to whom land commanded by the Bhakra, Chambal or Jawai projects is allotted, should be entitled to concessions specified therein and 25 bighas of irrigated lard constituting one Murrabba may be allotted to the ex -jagirdar at a fixed price to be realised free of interest in 10 annual instalments, commencing two years after the date of allotment. Special Rules were framed by the State Government in order to facilitate allotment of agricultural land in the command areas of Bhakra Project to ex jagirdas and the Rules so framed are called the Rajasthan Land Reforms and Resumption of Jagirr (Concessions for Khudkasht in Bhakra Project Area) Rules, 1955 (here in after referred to as 'the Bhakra Rules') The Bhakra Rules provided for allotment of khudkasth land to ex -jagirdars in Bhakra project area by tie Collector on the basis of the recommendations made by the Commissioner for Khudkasht Lands and in order of priority determined by him. It was proposed that initially the allotment of land be made in favour of the ex -jagirdars on ghair -khatedari basis or as an interim temporary lease for 3 years, to the extent of one Murrabba on 25 bighas tor each allottee, on such price as may be fixed by the Commissioner for Khudkasht lands with the sanction off the State Government. It was also provided that ghair -khatedari tenancy shall be granted for a period of 12 years commencing from the date of allotment by the Collector and the price of the lands to be allotted shall be paid by the grantee in 15 annual instalments free of interest. Provision was also made that upon payment of price of such land, including other charges, according to instalments allowed by the aforesaid Rules or on full payment of the entire amount in lump sum at an earlier date, if the grantee so wishes, khatedari rights would accrue to the grantee in accordance with the General Colony Conditions for the time being in force, as issued Under the Rajasthan Colonisation Act, 1954. It was also provided in the Bhakra Rules that the instalments in respect of the price of the land would become payable annually on the expiry of two years from the date of allotment of the land to the grantee by the Collector. Rule 2 of the Bhakr Rules declares that alotment of land in Bhakra project area under the said Rules would be governed also by the statement of general Colony Conditions issued under the Rajasthan Colonisation Act. 1954 and for the time being in force, in so far as the said conditions are not repugnant to those Rules. It is not disputed that after the lands were allotted in accordance with the provisions of the Bhakra Rules to the ex -jagirdars, the grantees in ail the writ petitions sold their tenancy rights to third parties by means of registered sale deeds. In some of the cases the grantees had paid full price of the lands allotted to them and as such they were entitled to khatedari rights in accordance with the provisions of Rule 16 of the Bhakra Rules. Thus the grantees, who were the ex -jagirdars and were allotted lands in the Bhakra Project area on concessional terms and on priority basis, had trans erred their khatedari rights by sale to third parties. When the fact of transfer of tenancy light by the ex -jagirdars was discovered, the Collector, Sri Ganganagar gave notices to the allottees of grantees to show -cause why their allotments be not cancelled and the lands be not resumed. It is important to mention here that the ex -jagirdars, who had transferred their khatedari rights or other tenancy rights in the lands allotted to them under the Bhakra Rules, did not obtain prior permission of the Collector for effecting the transfer of the tenancy rights. The explanation furnished by the ex -jagirdars in each case was found by the Collector to be unsatisfactory and it was held that there was no justifiable basis for the transfer of tenarcy rights by the ex -jagirdars The Collector, Sri Ganganagar, therefore, held that the transfers made by the ex -jagirdars by way of sale in favour of third parties were void and he further directed that the lands allotted to the ex -jagirdars may be resumed. In someof the cases revision petitions were preferred by the grantees or their transferees to the State Government, which were heard by the Deputy Minister Colonisation during the year 1971, who allowed the transfers subject to payment of fine of Rs. 500/ - by the allottees or their transferees within a priod of one month. However, it was discovered that by a notification dated April 17, 1967 published in the Rajasthan Gazette dated April 18, 1967 the powers of hearing revision petitions in nonjudicial matters, Under Section 83 of the Rajasthan Land Revenue Act, were delegated by the State Government to the Board of Revenue for Rajasthan and as such the orders passed by the Deputy Minister Colonisation in the year 1971 was considered to be ineffective and all the revision, petitions filed before the State Government were transferred to the Board of Revenue by the State Government for disposal. The Board of Revenue heard all the revision petitions filed Under Section 83 of the Rajasthan Land Revenue Act, against the orders passed by the Collector, Sri Ganganagar and dismissed them by a common order dated November 1, 1973. The transferees of lands allotted to the ex -jagirdars have filed the present writ petitions in this Court against the orders passed by the Board of Revenue, except in the case of Sanwatsingh.
(3.) IN Sanwatsingh's case, the Board of Revenue passed a separate order on August 28, 1974, although following the earlier decision passed in other similar cases on November 1,1973 and in that case both the ex -jagirdar and the transferee have together joined to file a writ petition in this Court. However, the facts which are common in all the writ petitions, including that of Sanwatsingh, is that not only the transfer of the tenancy lights of the ex -jagirdars in agricultural lands by way of sale has been admitted, but it has also been admitted in each and every case that the respective transferees were put into possession of the agricultural land in question by the concerned transferors.;