- (1.) THESE petitions directed against judgment dated 7.2.13 of Board of Revenue, Rajasthan, dismissing the revision petitions preferred by the petitioners herein, aggrieved by order dated 26.5.07, passed by the Divisional Commissioner, Jodhpur allowing the appeals preferred by the private respondents, were heard together and are being disposed of by this common order.
(2.) BRIEFLY stated that the relevant facts are that late Shri Ajit Singh was a khatedar tenant of different categories of agriculture land situated in revenue villages namely, Bisalpur, Chawandia (Tehsil -Jaitaran) and Narlai (Tehsil -Desuri). The ceiling proceedings were initiated against him under Chapter IIIB of Rajasthan Tenancy Act, 1955 ( for short "the Act of 1955") by the Sub Divisional Officer (SDO), Jodhpur, who while accepting the declaration in Form -Ceiling IV furnished by Shri Ajit Singh under Rule 9 of Rajasthan Tenancy (Fixation of Ceiling on Land) (Government) Rules, 1963, vide order dated 4.10.71 determined the land in excess of ceiling area in the hands of Shri Ajit Singh and directed the Tehsildars, Jodhpur, Jaitaran and Desuri to take possession of the land surrendered. However, the State Government, after calling for the record of the ceiling case and for the reasons recorded in writing, vide order dated 1.7.76 being satisfied that the order passed by the authorised officer dated 4.7.71 was in contravention of the provisions of Chapter III of the Act of 1955 and was prejudicial to the State Government, directed reopening of the ceiling case against late Shri Ajit Singh under Section 15(2) of Rajasthan Imposing of Ceiling on Agriculture Holdings Act, 1973 (for short "the Act of 1973") and referred the matter to the Additional Collector to decide it afresh in accordance with law. The Additional Collector vide order dated 28.12.81 determined the lands in excess of the ceiling limits in the hands of late Shri Ajit Singh and directed to acquire surplus land ad measuring 4020 -13 bighas, situated in different revenue villages. Aggrieved thereby, two sons of late Shri Ajit Singh namely Sobhag Singh and Swaroop Singh (since deceased) and 26 transferees claiming themselves to be bona fide purchasers, preferred in all 27 appeals before the Board of Revenue, which stood disposed of by a common judgment dated 31.7.84, whereby the decision of the Additional Collector, Jodhpur dated 28.12.81 was set aside and the matter was remanded for further inquiry and decision afresh with the directions in the following terms: "27. I, therefore, allow all these 2 appeals by this common judgment, set aside the decision of the Additional Collector, Jodhpur dated 28.12.81 and remand this case to him with the directions that he shall give a reasonable appertunity of being heard to the transferees - appellants in Ceiling Appeals Nos. 38 to 44 of 1982 Ceiling appeals Nos.61 to 78 of 1982 and ceiling appeal No.108 of 1982 of this Board. He shall further enquire and decide as to who were the members of the family of deceased Ajit Singh as on 1.4.1966 in accordance with the definition of term family as given in section 30B(a) of the Rajasthan Tenancy Act, 1955. He shall further decide whether the alleged transfers by Ajit Singh in favour of the transferee -appellants should be recognised or not having regard to the previous contained in section 30DD of the Rajasthan Tenancy Act, 1955. In deciding the question of recognition or non -recognition of the alleging transfers, he shall give a definite finding if the transferees were agriculturist as explained in Explanation 1 to Section 30DD and whether they were domiciled in Rajasthan. He shall also examine the question of the necessity of registration of the sale -deeds keeping in view section 54 of the Transfer of Property Act 1882 and the provisions of the Registration Act and other relevant circumstances. Thereafter, he shall decide the ceiling case of Ajit Singh and four connected matters) 4 only considering Swaroop Singh and Sobhag Singh as legal representatives of Ajit Singh. He is further directed to decide this ceiling case within six months of the receipt of this record by him. All the appellants including the transferees -appellants have been intimated through their counsel Shri D.S.Dashora and the State of Rajasthan through the Government Advocate to appear before the Additional Collector, Jodhpur on 27.9.84." Pursuant to the remand order, the Additional Collector, Jodhpur after hearing the sons of late Shri Ajit Singh, namely Sobhag Singh and Swaroop Singh as also the transferees, passed an order on 3.3.86 determining 418.48 standard acres land in excess of the ceiling limit in the hands of land holders namely, late Shri Ajit Singh, Sobhag Singh and Swaroop Singh and accordingly, directed to submit the option for surrender of the land to be acquired. Aggrieved thereby, Sobhag Singh and Swaroop Singh, preferred an appeal before the Board of Revenue, Rajasthan. The appeal was partly accepted by the Board of Revenue vide order dated 13.8.91, holding that the lands being ancestral, two sons of late Shri Ajit Singh namely, Sobhag Singh and Swaroop Singh have equal share therein. The share of the members of the family was determined as 149.49 acres each and since, each member was held entitled to retain 30 acres land, the land in excess of the ceiling limit in the hands of late Shri Ajit Singh was determined as 119.49 standard acres. Accordingly, on 2.1.92, the Additional District Collector, Jodhpur directed Tehsildar to acquire the land in terms of order dated 13.8.91 passed by the Board of Revenue and submit the compliance report. However, the order passed as aforesaid was not complied with by the Tehsildar and therefore, later, vide order dated 23.2.2000 passed by the Additional Collector, the Tehsildar was again directed to make compliance of the order passed by the Board of Revenue.
(3.) IN the meantime, Sobhag Singh and Swaroop Singh preferred an application before the Board of Revenue under Section 151/152 of CPC for rectification of order stating that the total land being 418.48 acres, the land falling in the share of each member of the family comes to 139.49 standard acres and therefore, there being apparent error in the order dated 13.8.91 passed by the Board of Revenue, the same deserves to be rectified. The application was allowed vide order dated 31.5.02 by the Board of Revenue and it was clarified that in the order dated 13.8.91, the reference of 149.49 standard acres shall be read as 139.49 acres. In compliance of the orders passed as aforesaid, while excluding the land validly transferred, the Tehsildar ordered acquisition of 109.49 acres land and directed to effect the mutation of the remaining land as specified. Accordingly, a mutation no.1518 was sanctioned by the Naib Tehsildar, Jodhpur on 18.6.05 wherein out of 3843.08 bighas of land of village Bisalpur, 2614.12 bighas of land was entered in the khatedari of Sobhag Singh and Swaroop Singh and only 1228.17 bighas land was acquired in consequence of ceiling proceedings initiated against them. Being aggrieved by the said mutation, the private respondents herein preferred appeals before Collector, Jodhpur which were dismissed by a common order solely on the ground that the mutation has been sanctioned in compliance of the court order passed in ceiling proceedings and therefore, the parties if aggrieved, should file appeal or writ petition against the final judgment passed in ceiling proceedings. Being aggrieved by the judgment passed by the Collector, the private respondents herein preferred appeals before the Divisional Commissioner, Jodhpur, which were allowed and order dated 28.8.06 passed by the District Collector, Jodhpur and mutation no.1518 sanctioned by Naib Tehsildar were quashed and set aside. The Divisional Commissioner remanded the matter to the Tehsildar, Jodhpur with the directions to acquire the land in terms of the directions issued by the Board of Revenue, after giving opportunity of hearing to both the parties. ;