The main legal point established in the judgment is that the government's decision on the date of resumption of Jagir and the entitlement of the appellant to the allotted land were crucial in determining the validity of the application for Khudkasht land.

1. :- The appellant aggrieved by the dismissal of S.B. Civil Writ Petition No.1179/97 filed by her, by the learned Single Judge, has preferred this appeal.

2. The petitioner was the Jagirdar of Thikana Dhunwa, Tehsil Deoli, District Tonk. According to her, she was holding land measuring 4705 Acres = 7428 Bighas 3 Biswas. In the year 1951, Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (hereinafter referred to as 'the Act') came into force w.e.f. 16.2.52. The Act provided for resumption of Jagirs and also contained provisions for allotment of agricultural lands for Khudkasht (self cultivation) to the ex-Jagirdars on priority basis. Section 14 of the Act provides that a Jagirdar who did not hold any Khudkasht on first day of July, 1954 or who held Khudkasht less in area than the maximum area specified in Section 11 of the Act, may before 31st August, 1958 or within there months of the date of resumption of his Jagir, whichever is later, apply to the Collector or to the Commissioner for Khudkasht Lands for allotment of Khudkasht. Section 16 of the Act provides that after receiving application under section 14, the Commissioner for Khudkasht lands may pass such orders thereon as he may deem fit, after holding enquiry. It also provides that when the application is received by the Collector, he may, after enquiry conducted in the prescribed manner, either return the application, allot Khudkasht land not exceeding 30 Acres or submit a report to the Commissioner for Khudkasht lands for his order, making recommendation for allotment of Khudkasht land specifying the manner in which his recommendation may be carried out. This Section further provides that as soon as may be after the order is passed by the Commissioner or Khudkasht lands, the Collector shall give effect to such an order. Section 19 of the Act provides for the categories of land that may be allotted as Khudkasht. Section 18 of the Act provides the maximum area of the Khudkasht which could be allotted to an ex-Jagirdar.

3. According to the petitioner, she was entitled to allotment of 345 Acres of land as Khudkasht as she was holding 4705 Acres of Jagir land. On 26.11.66, the petitioner made an application to the District Collector, Tonk for allotment of Khudkasht Land. The application, which was filed under section 14 of the Act, was rejected by the Collector, Tonk vide order dated 1.3.67. The petitioner made an application to the State Government against the rejection of her application. Government forwarded it to the Commissioner for Khudkasht lands and he returned the application of petitioner on 14.7.67. On 15.10.87, the petitioner made another application to the Deputy Secretary to the Government, Revenue Department, for consideration of her application treating the same to be within limitation and for allotment of Khudkasht land. The State Government, after considering the facts and circumstances of the case, by order dated 20.8.88, directed the Distt. Collector, Tonk to allot Khudkasht land as per Rules treating the application dated 26.1.66 to be within limitation as the decision for resumption of Jagir had been taken by the Jagir Commissioner on 10.5.74. The Distt. Collector, Tonk, thereupon allotted 86 Bighas 8 Biswas = 54 Acres of land in Villages Abbasnagar Khas and Jai Kishanpura by order dated 5.1.89.

4. As the petitioner's entitlement was of 345 Acres of land as Khudkasht and only 54 Acres land was allotted to her in Tonk District, she made an application on 6.5.95 to the Commissioner for Khudkasht lands for allotment of remaining 291 Acres of land. The Commissioner for Khudkasht lands conducted an enquiry and sought information from the Distt. Collector, Jaipur regarding position of the land situated in Village Keshwana Rajput, Tehsil Kotputli, which was shown by the petitioner to be the land available for allotment as Khudkasht. The Tehsildar, Kotputli, submitted to the Collector, Jaipur report on 26.4.95 that the land was available for all