A grantee of land subject to specified conditions who fails to fulfill those conditions is not entitled to khatedari rights under Section 15(1) of the Rajasthan Tenancy Act, 1955.

1. - Petitioner has filed this writ petition Under Article 226 of the Constitution of India with the prayer that the orders passed by the Board of Revenue dated May 6, 1977 Annexure-6, by the Revenue Appellate Authority dated March 20, 1972 Annexure 5 and by the Sub Divisional Officer, Chittorgarh dated June 24, 1970 Annexure 4 be quashed and the petitioner be declared khatedar tenant of the land allotted to them in the year 1946 for establishing a Bone Mil) and developing Orchard.

2. Succinctly narrated the facts of the case giving rise to this writ petition are as under: An area of 35 bighas and 2 biswas of land situated in Chosunda, Tebsil Chittorgarh was allotted to late Abdul Rehman Admani, father of Md. Ayub, proprietor of the petitioner, M/s Mewar Bone Mills, Chosundra (here in after to be referred as the 'Mills') on June 7, 1946 by the erstwhile State of Mewar. Certain conditions were imposed at the time of that allotment. One of them was, that, on 10 bighas of the land allottee would put up a Bone Mill within a specified period, and the remaining land would be developed as an orchard that too within a specified period. Another condition was that the allotment would be on the basis of 'shikmi' for eleven years and thereafter the question of realising 'nazrana' would be examined. In the year 1961 the Government of Rajasthan held that the Bone Mill was established only on an area of six bighas and ten biswas. The Collector, Chittorgarh was therefore, directed to allot that area to the petitioner on the basis of a 99 year lease on payment of premium as well as annual ground rent. The directions were also issued for taking over possession of the 'emining land, as the petitioner had failed to fulfil the conditions of allotment. When this order of the Government was going to be executed by the Revenue Officers, the petitioner filed a suit for declaration and perpetual injunction against the State of Rajasthan in the Court of Sub-Divisional Officer, Chittorgarh on the ground that with the enforcement of the Rajasthan Tenancy Act on October 15, 1955 (hereinafter to be referred as the 'Act') they became Khatedar tenant of the land in dispute and were therefore, not liable to ejectment. The suit was dismissed. The petitioner preferred an appeal which was dismissed by the Revenue Appellate Authority. The petitioner then went in revision before the Board of Revenue Rajasthan, Ajmer, but could not succeed. A review petition was filed there, which too was rejected on January 23, 1980.

3. It is in grievance of the aforesaid judgments that the petitioner has invoked the extraordinary jurisdiction of this Court by filing this writ petition.

4. Notices were issued to the respondents at the stage of admission. Mr. M.D. Purohit, learned Additional Government Advocate put in appearance on behalf of the respondents and filed the reply. We heard Mr. S.N. Sharma, learned Counsel for the petitioner and Mr. M.D. Purohit, learned Additional Government Advocate and carefully examined the record of the case.

5. Mr. S.N. Sharma, learned Counsel for the petitioner has strenuously contended that the petitioner, having been considered a 'shikmi' at the initial stage and then being recorded as ghair-khatedar tenant' in the revenue records, had acquired khatedari rights by virtue of Section 15 of the Act from the date it came into force i.e. October 15, 1955. According to the learned Counsel the petitioner is a 'grantee' as defined in Section 5(12) of the Act, and therefore, is a tenant according to Section 5(43) of the Act. Mr. Sharma next argued that on account of the land in dispute being hilly track 'orchard' could not be developed. That, this difficulty was realised by the concerned authorities and the Collector, Chittorgarh and Commissioner, Udaipur Division, recommended that khatedari rights should be given to the petitioner. Despite that the Government passed the order for granting 99 year lease for the land utilised for establishing the Mi