The central legal point established in the judgment is that the conferment of khatedari rights must be based on fulfilling the conditions of the Act, and the exercise of Article 226 jurisdiction is warranted only in exceptional circumstances.

1. - In these writ petitions filed under Article 226 of the Constitution of India the factual and legal points involved are identical, therefore, they are being disposed of by this common order.

2. Writ Petition No. 43/1996 has been filed on behalf of petitioner Ravi Dutt whereas Petition No. 44/1996 has been filed on behalf of purchaser of Parmanand and Petition No. 46/ 1996 is also filed on behalf of purchaser of Mangelal.

3. The applications were filed under sub-section (2-A) of Section 15-AAA of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as "the Act") before the Tehsildar. Ghadsana on 3- 5-1993 who after procuring a report from the halka patwari conferred upon them khatedari rights by his order dated 28-5-1993. Aggrieved against that order State of Rajasthan, through Naib Tehsildar, Ghadsana, filed appeals before the Collector, Sriganganagar who vide order dated 24-7-1995 has set aside the order of Tehsildar. A revision petition filed in the Board of Revenue, Ajmer vide Anx. 7 dated 5-9-1995 was also dismissed. Hence these petitions.

4. In order to get benefit of sub-section (2-A) of Section 15-AAA of the Act the applicant was to prima facie show that he was a holder of khudkasht or a tenant of land whether recorded as such at the commencement of this Act or subsequently in the record of the rights and, therefore, was entitled to all the rights and all liabilities of khatedar tenant under this Act. With respect to the whole or such part of the and held as does not exceed the maximum area prescribed under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973. What was to be seen by the Tehsildar was this that the applicants were either a holder of khudkasht or a tenant of the land for which application was made. Under sub-section(23) of Section 5 of the Act khudkasht shall mean land cultivated personally by an estate holder and shall include (i) land recorded as khudkasht, sir, havala, nijijot, gharkhed in settlement records at the commencement of this Act; and (ii) land allotted after such commencement as khudkasht under any law for the time being in force. Rights of khudkasht holder have been dealt with in chapter-II. According to Section 9 of the Act,' "khudkasht right" means the rights conferred on holders of khudkasht by this Act and by any other law for the time being in force. Section 10 of the Act prescribes succession and transfer of holder of khudkasht right. Section 11 of the Act prescribes restriction on letting on khudkasht. Section 12 of the Act prescribes extinction of khudkasht right and Section 13 prescribes khatedari rights upon resumption or abolition of estate. Its proviso makes malik of such khudkasht and the Zamindar or Biswedar holding khudkasht land on the abolition of his estate under the Rajasthan Zamindari and Biswedari Abolition Act, 1959.

5. In the matter at hand, Tehsildar was under a legal duty before conferring khatedari rights to the applicants to prima facie come to the conclusion that the applicants were either a holder of khudkahst of tenant of the land. Ravi Dutt petitioner filed Anx. 3 application before the Tehsildar, Ghadsana on 3-5-1993 with the averments that with regard to land mentioned in the application, Rajasthan State has accepted him a khatedar kastkar and the record of the rights which were prepared under Section 106 and 107 of the Rajasthan Land Revenue Act, he has been shown as kastkar of the land in samvat 2012-15, therefore, he must be conferred khatedari rights. The Tehsildar, Ghadsana simply upon the report of halka patwari vide order Anx.4 came to the conclusion that Ravi Dutt has been declared Gair Khatedar with regard to the land in question and is not affected by ceiling limit prescribed under the Act, therefore, was entitled to get khatedari rights under sub-section (2-A) of Section 15-AAA of the Act. It is also mentioned that in jamabandi samvat 2012-15 he has been shown as Bhumi Adhikari i.e. the land holder. No notice of this