P. C. Jain, J. - (1.) The petitioners have filed this writ petition under Articles 226 and 227 of the Constitution of India praying for issue of an appropriate writ, order or direction in the nature of certiorari for quashing the impugned orders Annexure 2 dated 25-12-1969, Annexure 9 dated 31-3-1987 and Annex. 11 dated 24-8-1987 passed by respondents 1 and 3.
(2.) The relevant facts are as follows. Late Shri Bhairo Singh, father of petitioner No. 1 and husband of petitioners 2 and 3, held 10 bighas of chohi land and 343.01 bighas of barani land in village Banwasa. Tehsil Deedwana. District Nagore. In para 7 of the petition it has been stated that the respective standard acre of 10 bighas of chaho land is equivalent to 1.39 standard acre and 343.01 bighas barani land is equivalent to 45.16 standard acres of land. Thus the total land possessed by Shri Bhairo Singh at the relevant time was 47.09 standard acres. Shri Bhairo Singh was a Jagirdar as he inherited this land from his father late Shri Bhopal Singh. In this way this land was an ancestral one. It is alleged that a partition of the above ancestral agricultural land took place between the petitioner Surendra Singh, his lather and mothers (Smt. Chainkanwar and Smt. Gopalkanwar) petitioners 2 and 3 on 24-9-1974. Proceedings under Chapter III-B of the Rajasthan Tenancy Act, 1955 were taken against Bhairo Singh. Shri Bhario Singh produced and pleaded partition of the above agricultural land between the above members of the family. The Assistant Collector. Deedwana accepted the partition and found no surplus land in the hands of Bhairo Singh vide his order dated 24-9-1974 (Annex. 1), The entire returns were tiled by late Shri Bhairo Singh and the judgment was pronounced on 31-5-1974 by the S.D.O. Deedwana who did not find any excess land. The ceiling proceedings were, therefore, dropped. The certified copy of the order dated 31-5-1975 is marked Annex. 2. However, the State Government in the exercise of powers conferred by sub-section (2) of Section 15 of the Rajasthan Imposition to Ceiling on Agricultural Holdings Act, 1973 reopened the matter in respect of the land of Shri Bhairo Singh and directed the Additional Collector (Ceiling) to decide the matter afresh. The contractors, in the proceedings pending before the Additional Collector (Ceiling), Nagore examined number of witnesses namely. Bhangwar Singh, Satpal Singh. Kaluram, Mst. Gopalkanwar and Surendra Singh in support to their cases. However, the learned A.D.M by brushing aside the above evidence as also the partition that took place between the parties held by his order dated 22-6-1985 that Shri Bhairo Singh was in possession of 17.09 standard acres as surplus land. The copy of above order is marked Annex. 8. Feeling aggrieved by the above order of the learned A.D.M. the petitioners filed an appeal before the Board of Revenue for Rajasthan at Ajmer put the same was rejected vide order dated 31-5-1987 on the ground that Surendra Singh was minor on the relevant date 1-4-1966 and like the land transferred to him was after 31-12-1969, the above transfer could not be recognised. The copy of the order of the Board of Revenue is Ex. 9. Undaunted, the petitioners led a review petition pointing out mistakes to committed by the Board of Revenue but the same was rejected vide order Ext. 11.
(3.) I have heard learned counsel for the petitioners and learned counsel for the non-petitioners.;