M.N.BHANDARI,J. - (1.) By this writ petition, a challenge is made to the order dated 27th April, 2009 passed by the Sub Divisional Officer, Dudu, District Jaipur followed by order dated 12th August, 2009 passed by the Revenue Appellate Authority and the order dated 1st June, 2017 passed by the Board of Revenue, Ajmer.
(2.) The petitioners preferred a suit for declaration of khatedari rights based on possession. The revenue courts did not find a case pursuant to Sections 15 and 19 of the Rajasthan Tenancy Act, 1955 (for short "the Act of 1955").
(3.) Learned counsel submits that petitioners were in possession of the and thus became holder of khudkasht. Their case is covered by Section 15 of the Act of 1955. The definition of "Khudkasht" given under Section 5(23) and Section 15 of the Act of 1955 are quoted hereunder for ready reference: "15. Khatedar tenants- (1) Subject to the provisions of section 16 and clause (d) of sub-section (1) of section 180 every person who, at the commencement of this Act, is a tenant of land otherwise than as a sub-tenant or a tenant of Khudkasht or who is, after the commencement of this Act, admitted as a tenant otherwise than a sub-tenant or tenant of Khudkasht or an allottee of land under, and in accordance with, rules made under section 101 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956) or who acquires Khatedari rights in accordance with provisions of this Act or of the Rajasthan and Reforms and Resumption of Jagir Act, 1952 (Rajasthan Act VI of 1952) or of any other law for the time being in force shall be a Khatedar tenant and shall, subject to the provision of this Act be entitled to all the rights conferred; and be subject to all the liabilities imposed on Khatedar tenants by this Act: Provided that no Khatedari rights shall accrue under this section to any tenant, to whom land is or has been let out temporarily in Gang Canal, Bhakra, Chambal or Jawai project area or any other area notified in this behalf by the State Government. (2) Notwithstanding anything contained in sub-section (1) Khatedari rights shall not accrue there under to any person to whom land had been let out before the commencement of this Act by the State Government in furtherance of the Grow More Food Campaign or under some special order subject to some specified conditions or in pursuance of some statutory or non-statutory rules and who shall have, before such commencement, made a default in securing the objective of such campaign or a breach of any such order, condition or rule. (3) Any person referred to in sub-section (2) may, within three years from the date of commencement of this Act and on payment of a court-fee of twenty five naye paise apply to the Assistant Collector having jurisdiction praying for a declaration that acquired Khatedari right under sub-section (1) in the land held by him. (4) Such application may be made on any of the following grounds, namely: (a) that the land held by him was let out to him after the commencement of this Act. (b) that it was not let out to him in any of the circumstances specified in sub-section (2). (c) that when the land was so let out to him he was not apprised of such circumstances. (d) that he had, before such commencement made no default or breach of the nature specified in subsection (2). (5) The Assistant Collector shall, upon the presentation of an application under sub-section (3), make inquiry in the prescribed manner and afford reasonable opportunity to the applicant of being heard and shall, if he does not reject the application, declare the applicant to have become Khatedar tenant of his holding in accordance with and subject to the provisions of the sub-section (1). "5(23) "Khudkasht" shall mean land in any part of the State cultivated personally by in estate holder and shall include: (i) land recorded as Khudkasht, Sir, Havala, Niji-jot, Gharkhed in settlement records at the commencement of this Act in accordance with law in force at the time when such record was made, and (ii) land allotted after such commencement as Khudkasht under any law for the time-being in force in any part of the State." ;