Rajasthan High Court - Jodhpur
State Of Raj vs Jeet Singh & Ors on 9 February, 2011
Author: Govind Mathur
Bench: Govind Mathur
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S.B. CIVIL WRIT PETITION NO.3326/2002
State of Rajasthan
Vs.
Jeet Singh & Ors.
DATE OF ORDER : 09.12.2011
HON'BLE MR. GOVIND MATHUR, J.
Mr. Sandeep Bhandawat, Government Advocate
Mr. H.S. Sandhu, for the respondents
...
This petition for writ is preferred to question validity, correctness and propriety of judgment dated 31.7.2001 passed by Board of Revenue, Rajasthan, Ajmer in Appeal/Ceiling/86/97/ Sri Ganganagar (Jeet Singh & 4 Ors Vs. State of Rajasthan & Anr.).
The factual matrix necessary to be noticed is that initially proceedings were initiated under New Ceiling Act against the assessee Shri Bhagwan Singh and those came to be dropped on 16.12.1974. The ceiling case was re-opened on 21.9.1981 as per provisions of Section 15(1) of Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (hereinafter referred to as 'the Act of 1973') on the count that enquiry was to be made whether the assessee expired prior to the appointed date i.e. 01.1.1973 or subsequent thereto ? The competent officer i.e. the Additional Collector (Vigilance), Sri Ganganagar under order dated 27.8.1984 held that after the death of original assessee 2 Bhagwan Singh, his son Labh Singh was holding 50 bighas and 8 biswas of land and out of that, 04 bighas of command land area was in excess with him to the ceiling limit prescribed.
Being aggrieved by the order dated 27.8.1984, an appeal was preferred before Board of Revenue, Rajasthan, Ajmer as per provisions of Section 23 (2-A) of the Act of 1973. The appeal aforesaid came to be disposed of on 4.12.1987. The Board of Revenue while disposing of the appeal concluded that the appellant-Labh Singh was holding 50 bighas and 8 biswas of land, however, no enquiry was made with regard to irrigational density of the land before determining excess holding. The matter, thus, was recommended to the competent authority for making necessary enquiry pertaining to irrigational density of the land concerned.
The Addl. Collector under its order dated 19.7.1997 converted the total land holding i.e. of 50.08 bighas as equivalent to 47.07 bighas by settling 91% irrigation density of the land, thus, by treating 43.04 bighas as a permissible land holding declared 4.03 bighas of land in excess with the petitioner. A direction, therefore, was given to acquire the land in excess from the petitioner.
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To question validity, correctness and propriety of the order passed by the Addl. Commissioner on 19.7.1997 the legal representative of Shri Labh Singh (the present petitioners) preferred an appeal before the Board of Revenue, Rajasthan, Ajmer and that came to be accepted on 31.7.2001. The Board of Revenue concluded that the petitioners were having 2.3 bighas land in excess to the permissible land holding limit, however, permitted it to be retained with him to utilise the same as fragment.
The submission of learned counsel is that under the Act of 1973 fragmentation is not at all permitted and this position of law is not disputed by learned counsel for the respondents, as such, the direction to utilize 2.3 bighas of land as fragment is apparently erroneous. However, the submission of learned counsel for the respondents is that the Board of Revenue erred while holding that 2.3 bighas of the land in excess to the ceiling limit. According to learned counsel for the respondents the total land after conversion as per irrigation density/ capacity was determined as 47.07 bighas and the ceiling limit prescribed for the area in-question is 46.08 bighas, therefore, at the most the excess land available with the petitioner is only 19 biswas.
From the order passed by the Addl. Collector on 19.7.1997 it is apparent that total 50.08 bighas of land was converted into 4 47.07 bighas as per irrigation density/capacity. The permissible land holding limit in the area in-question is admittedly 46.08 bighas. In view of it, the submission of learned counsel for the respondent is correct that the excess land is only 19 biswas and not 2.03 bigha as held by the Board of Revenue.
Accordingly this petition for writ is disposed of by directing the petitioner to acquire 19 biswas of land from the respondent being in excess to the prescribed ceiling limit.
(GOVIND MATHUR) J.
Sanjay