Arun Bhansali, J. - (1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioners against judgment of the Board of Revenue dated 29.06.1998 and that of Additional Commissioner (Ceiling), Pali dated 25.05.1995.
(2.) FACTS in brief may be noticed thus: the petitioners are sons and legal representatives of late Shri Pratap Singh, Ex -Jagirdar of Jagir Jhupelav, Tehsil Sojat, District Pali; The Jagir Jhupelav was resumed under the provisions of Rajasthan Land Reforms and Resumption of Jagir Act, 1952 w.e.f. 01.07.1958; it is claimed that the total area of land in the name of late Shri Pratap Singh was 1108 Bigha and 11 Biswa and, out of the said land, land in Khasra No. 586/1 was transferred by Shri Pratap Singh in his capacity as Jagirdar in favour of his six sons and one grand -son in the year 1956; the Sub Divisional Officer by order dated 02.06.1956 accepted the transfer and the same was mutated on 15.04.1966; it is further claimed that late Shri Pratap Singh surrendered some land to the Tehsildar, which was accepted by him. The ceiling proceedings were commenced against late Shri Pratap Singh, under Chapter III -B of the Rajasthan Tenancy Act, 1955 (old law), wherein, late Shri Pratap Singh submitted his return on 30.09.1966 and it is claimed that under mistaken advice indicated that the land was transferred to his sons and grand -son on 15.04.1966 (the date of mutation instead when it was actually transferred in the year 1956); however, the return filed by late Shri Pratap Singh was accepted by the Sub Divisional Officer, Sojat and by order dated 19.05.1971 the ceiling proceedings were dropped.
(3.) AFTER coming into force of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (New Act), the ceiling case was reopened under Section 15(2) of the New Act and the Additional Collector (Ceiling) by order dated 25.05.1995 rejected the transfers made in late Shri Pratap Singh's sons and grand son's favour and came to the conclusion that the land ad measuring 1340 Bigha 13 Biswa was surplus and ordered for taking of possession of the surplus land.;