Veerender Singh Siradhana, J. - (1.) THE intra court appeals detailed out hereinabove as well as the contempt proceedings instituted arise out of allotment of plots of land made vide orders dated 16th July, 1973 and 27th October, 1977, to the parties out of Khasra No. 10 of village Gandlai, Tehsil Lalsot, District Jaipur measuring in all 55 bighas and 5 biswas; and therefore, are being adjudicated upon by this common judgment and order.
(2.) SHORN of unnecessary details, the essential skeletal materials facts necessary for adjudication of the controversy needs to be first noticed. In Samvat 2021 (equivalent to year 1964 of the English calendar), land measuring 121 Bighas and 6 Biswas of Khasra No. 8, 9, 10, 106, 39, 46 and 64 situated in village Gandlia, Tehsil Lalsot, District Jaipur; was entered in the khatedari of Gandlia Cooperative Society. Shri Rampal, President of the Cooperative Society, the predecessor in title of the appellants/petitioners in DBSAW No. 938/2003 and Shri Uda, the predecessor in title of the appellant/petitioner in DBSAW No. 933/2003, who was one of the members the Cooperative Society; allegedly continued in the possession on the land in dispute of the Cooperative Society. On 11th December, 1970, the Revenue Department of the State issued the circular providing for 50% of the allotable lands to be allotted to the members of Scheduled Tribes and Scheduled Caste persons, 35% of ex -soldiers and 15% to other persons upto 31st March, 1973. On liquidation of 'Gandlia Cooperative Society' in the year 1973, the lands of the khatedari and possession of the Cooperative Society, including the lands of Khasra No. 10; were ordered to be recorded as 'Siwai Chak' land vide mutation No. 34 of village Gandlia, Tehsil Lalsot, District Jaipur. The Sub -Divisional Officer, Dausa, on 1st July, 1973 issued a proclamation under Rule 7 of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970 (hereinafter referred to as the 'Rules of 1970', for short), inviting applications for allotment of land within fifteen days. Mahesh Dan Singh S/o. Shri Prabhu Singh, Sheokaran S/o. Shri Shazad Singh, Jhabbar Singh S/o. Shri Hem Singh and Nanag Ram S/o. Shri Chhagan Lal Soni (herein after referred to as 'respondents -ex -soldiers'), were allotted 8 bighas of land each out of Khasra No. 10 of Village Gandlia by the Land Allotment Committee, Sub -Division, Dausa, vide order dated 16th July, 1973 in the category of Ex -soldiers. The allotment made in favour of the respondents -Ex -soldiers, was challenged by initiation of proceedings under Rule 14(4) of the Rules of 1970, in the Court of Additional Collector, Jaipur on 22nd August, 1973 wherein an order of status quo was made on 12th September, 1973 in their favour since they were in possession. The Nayab Tehsildar, Lalsot, dismissed the mutation of 'Gair Khatedari' land of Khasra No. 39 to 42 of village Gandlia, Tehsil Lalsot, entered in favour of the respondents -Ex -soldiers. The stay order dated 22nd August, 1973 in appeal No. 190 of 1973 was ordered to continue till further orders. On 30th December, 1974, the Additional Collector, Jaipur allowed the application of Ramphal and Uda (deceased), canceling the allotment of the respondents -ex -soldiers made vide order dated 16th July, 1973. An appeal No. 13 of 1975 was preferred before the Revenue Appellate Authority, Jaipur, by the respondents -ex -soldiers, assailing the legality, validity and correctness of the order dated 30th December, 1974 passed by the Additional Collector, Jaipur. The Revenue Appellate Authority, Jaipur, made an interim order on 18th January, 1975, staying the execution of the order dated 30th December, 1974, with a further direction to maintain status quo. According to the appellants/petitioners, the stay order passed by the Revenue Appellate Authority, Jaipur, on the appeal preferred by the respondents -ex -soldiers, was continued only up to 8th April, 1976 as it was not extended further. The appeal of the respondents -ex -soldiers was finally adjudicated upon vide order dated 31st May, 1989, quashing and setting aside the order dated 30th December, 1974, passed by the Additional Collector, Jaipur.
(3.) ACCORDING to the appellants -petitioners since the stay order was not extended by the Revenue Appellate Authority, beyond 8th April, 1976, and therefore, the land was available for allotment and was allotted by the Land Allotment Committee, Sub -Division, Dausa, in favour of Ramphal and Uda (deceased) measuring 15 Bighas out of Khasra No. 10 of Village Gandlai, in favour of each of Ramphal and Uda (deceased), on 27th October, 1977 and mututation of 'Gair Khatedari', was carried out in their favour on 1st December, 1978. Further, since Ramphal and Uda (deceased) were necessary parties to the proceedings to appeal No. 13 of 1973, pending before the Revenue Appellate Authority, Jaipur, and who died in the meantime, but the matter was finally adjudicated upon vide order dated 31st May, 1989, without impleading the legal representatives of Ramphal and Uda (deceased), the judgment and order dated 31st May, 1989, was a nullity. Further, the respondents -ex -soldiers on 9th February, 1976, initiated proceedings under Rule 14(4) of the Rules, 1970, for cancellation of allotment of land made in favour of Rampal and Uda, by the Land Allotment Committee, Sub -Division, Dausa vide order dated 27th October, 1977. The Additional Collector, Dausa, allowed the application on 14th May, 1998, canceling the allotment of land made in favour of Rampal and Uda (deceased) vide order dated 27th October, 1977. As regards the delivery of possession, the Additional Collector, Dausa, made an order for initiation of proceedings, by way of suit, for ejectment against the appellants -petitioners before the competent Court. The appeals preferred by the appellants -petitioners before the Revenue Appellate Authority, Jaipur by Ramchandra and others and Jagdish (Legal representatives of Rampal and Uda), against the order dated 14th May, 1998, passed by the Additional Collector, Dausa, were dismissed on 16th December, 2000. On 27th March, 2003, the Board of Revenue, Ajmer, also dismissed the appeals preferred by the appellants/petitioners against the judgment and order dated 16th December, 2000, passed by the Revenue Appellate Authority, Jaipur. The appellants/petitioners instituted writ proceedings being SBCWP No. 4155/2005 and 4504/2004, which have been dismissed by the learned Single Judge of this Court and are subject matter of Special Appeals (Writ) No. 933/2003 and 938/2003.;