- (1.) By the judgment impugned, learned Single Bench dismissed the writ petition preferred by the appellantpetitioners giving challenge to the judgment dated 7.2.2013, passed by Board of Revenue, Rajasthan, dismissing the revision petitions preferred by the appellantpetitioners being aggrieved by the order dated 26.5.2007, passed by the Divisional Commissioner, Jodhpur, accepting the appeals preferred by the private respondents.
(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 III-B of Rajasthan Tenancy Act, 1955 (hereinafter referred to as "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 4.10.1971 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 1.7.1976 being satisfied that the order passed by the authorised officer dated 4.7.1971 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 (hereinafter referred to as "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 28.12.1981 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 31.7.1984, whereby the decision of the Additional Collector, Jodhpur dated 28.12.1981 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 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."
(3.) 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 3.3.1986 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.;