2014 Supreme(Raj) 1315
RAJASTHAN HIGH COURT
Amitava Roy, Vijay Bishnoi, JJ.
Ganpat Lal and Ors. - Appellant
Versus
State of Rajasthan and Ors. - Respondent
D.B. Civil Special Appeal (Writ) Nos. 125, 204 of 2004.
Decided On : 16-04-2014
Advocates:
For the Appellants: H.R. Soni, Amicus Curiae.
For the Respondents:M.C. Bhoot, Senior Advocate and B.D. Purohit, Advocate.
Acquisition of land under the Rajasthan Tenancy Act, 1955 extinguishes Khatedari rights, and a suit for declaration of Khatedari rights over acquired land is not maintainable.
Headnote:
LAND ACQUISITION - RAJASTHAN TENANCY ACT, 1955 - SECTION 63(III) AND 16(VI) - ACQUISITION OF LAND - EFFECT ON KHATEDARI RIGHTS - SUIT FOR DECLARATION OF KHATEDARI RIGHTS - MAINTAINABILITY.
Fact of the Case:
The appellants filed a suit for declaration of Khatedari rights and grant of injunction over land in Khasra Nos. 125 and 123 of Village Sunthala, claiming their father was the Khatedar based on a Parcha Khatoni of 1956. The Rajasthan Housing Board contested the suit, claiming the land was acquired by the State Government and transferred to them. The Trial Court decreed the suit, but the Revenue Appellate Authority and Board of Revenue allowed the appeals filed by the State and Housing Board. The appellants challenged the Board of Revenue's order in the High Court.
Finding of the Court:
The High Court held that the appellants failed to produce sufficient evidence to establish their Khatedari rights over the land. The Parcha Khatoni of 1956 was a photocopy, not an original document, and no corresponding entry existed in the revenue record. The acquisition proceedings for the land were initiated in 1976 and 1979 and concluded in 1976 and 1980, respectively. The appellants never challenged the acquisition proceedings, which became final. Therefore, the suit for declaration of Khatedari rights was not maintainable under Sections 63(iii) and 16(vi) of the Rajasthan Tenancy Act, 1955.
Issues: 1. Whether the appellants had sufficient evidence to establish their Khatedari rights over the land? 2. Whether the acquisition proceedings for the land were valid and final? 3. Whether the suit for declaration of Khatedari rights was maintainable under Sections 63(iii) and 16(vi) of the Rajasthan Tenancy Act, 1955?
Ratio Decidendi: 1. The High Court held that the appellants failed to produce sufficient evidence to establish their Khatedari rights over the land. The Parcha Khatoni of 1956 was a photocopy, not an original document, and no corresponding entry existed in the revenue record. Therefore, the Trial Court erred in declaring Khatedari rights in favor of the appellants. 2. The High Court held that the acquisition proceedings for the land were initiated in 1976 and 1979 and concluded in 1976 and 1980, respectively. The appellants never challenged the acquisition proceedings, which became final. Therefore, the acquisition of the land in question was intact. 3. The High Court held that the suit for declaration of Khatedari rights was not maintainable under Sections 63(iii) and 16(vi) of the Rajasthan Tenancy Act, 1955, as the land had been acquired by the State Government and transferred to the Rajasthan Housing Board.
Final Decision: The High Court dismissed the appeals filed by the appellants.
JUDGMENT
1. - Both these appeals are directed against the order dated 13.11.2003 passed by the learned Single judge in writ petitions preferred by appellant - Ganpal Lal and Ors., whereby the learned Single Judge has dismissed the writ petitions challenging the order passed by the Board of Revenue dated 8.8.1997.
2. Brief facts of the case are that Tehsildar, Jodhpur, in the years 1977, 1979 and 1980 issued notices under Section 91 of the Rajasthan Land Revenue Act, 1956 (for short the Act of 1956' hereinafter) to one Ramchandra-father of the appellants stating therein that he encroached over the Government land of Khasra Nos. 123 and 125 of Village Sunthala, Tehsil and District Jodhpur and, therefore, why he should not be dispossessed from the said land or why the penalty be not imposed upon him.
3. On 11.2.1981, the appellants filed a revenue suit in the Court of S.D.O. Jodhpur for declaration of Khatedari rights and for grant of injunction, while claiming that they had cultivatory possession of Khasra Nos. 125 and 123 situated in village Sunthala, Tehsil and District Jodhpur. It was contended that in Khasra No. 125, they had 16 Bighas and 11 Biswas of the land and 9 Bighas of the land in Khasra No. 123. The basis of the claim of the appellants was a parcha Khatoni pertaining to Samvat Year 2008 corresponding to year 1951 approximately. The appellants have claimed that in the said Parcha Khatoni, name of their father was entered as Khatedar and on the basis of Bigodi receipts, pertaining to Samvat year 2008 corresponding to the year 2022, other revenue records, it is clear that the father of the appellants was Khatedar of 16 Bighas and 11 Biswas of the land of Khasra No. 125 and of 09 Bighas of Khasra No. 123, however later on the land was wrongly entered as Government land, therefore, they are entitled for declaration of Khatedari rights in their favour and are also entitled for injunction issued in their favour for restraining the State from interfering in their possession' over the land in question.
4. In the said suit, the Rajasthan Housing Board was impleaded as party defendant by the order of the Trial Court and the said suit was contested by it. According to the Rajasthan Housing Board, Khasra No. 123, having an area of 65 Bighas and 85 Biswas and Khasra No. 125, having an area of 54 Bighas and 16 Biswas was recorded as Siwai Chak in the revenue records and the State Government, after acquiring the same, transferred it to Rajasthan Housing after charing premium from it. It was claimed that acquisition proceedings in respect of Khasra No. 123 were completed in the year 1976 and possession of the and comprising of Khasra No. 123 was handed over to the Rajasthan Housing Board on 16.9.1978 and thereafter, mutation was also carried out in favour of the Rajasthan Housing Board on 23.1.1980. It was further claimed by the Rajasthan Housing Board that in respect of Khasra No. 125 of village Sunthala, the acquisition proceedings were completed on 16.7.1980 and the possession of the and comprising of said Khasra was handed over to Housing Board on 13.11.1980 and thereafter mutation was sanctioned in favour of the Rajasthan Housing Board on 11.5.1981. It was also claimed on behalf of the defendant Rajasthan Housing Board that the appellants never raised any objection regarding the acquisition proceedings which were concluded on 16.9.1978 and 16.7.1980 respectively and the land of the above mentioned Khasras is in the possession of the Rajasthan Housing Board and, therefore the claim of the appellants for declaration of Khatedari rights and grant of injunction against the defendants is not maintainable.
5. After trial of the suit, the S.D.O., Jodhpur decreed the suit vide judgment dated 9.5.1985 and the appellants were declared as Khatedar of 9 Bighas of land of Khasra No. 123 and 16 Bighas and 11 Biswas of Khasra No. 125. A decree for lermanent injunction was also granted against the defendant restraining them or interfering with the
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