Hon'ble RAFIQ, J.—This writ petition has been preferred by four writ petitioners assailing the validity of the order dated 7.7.1994 passed by the Additional Collector, Sawaimadhopur and the order dated 16.2.1995 passed by the Board of Revenue, praying for their quashment and seeking a declaration in favour of the petitioners that the registered gift deed dated 30.3.1968 executed by late Maji Sahiba Sardar Kanwar Ranawatji in favour of late Smt. Nandbai, widow of Shri Bhanwar Singhji, be declared as valid and further that the land covered by the said gift deed may not be included as the property of said Maji Sahiba Sardar Kanwar Ranawatji and that the land sold out to Rameshwar Lal and Bhanwar Singh, sons of Vijai Singh, be not deemed as agriculture land of the deceased Maji Sahiba. It is also prayed that the respondents be directed to re-adjudicate and re-determine the acquisition of land under the ceiling law by excluding the land covered by aforesaid gift deed.

2. The writ petitioners have asserted that late Maji Sahiba Sardar Kanwar Ranawatji widow of late Shri Thakur Bhawani Singhji, Resident of Village Chandnoli, Tehsil Bonly, District Sawaimadhopur, had a chunk of agriculture land in the said village as also in village Bharthala, District Tonk. The total land area measured upto 104 standard acres. The SDO, Sawaimadhopur had earlier initiated the acquisition proceedings against the said Maji Sahiba Sardar Kanwar Ranawatji under the Rajasthan Imposition of Ceiling on Agriculture Holdings Act, 1973 (for short 'the Act of 1973'), but the same was dropped by order dated 26.5.1975 as in his view no surplus land was found in her hands. It was thereafter that the State Government vide order dated 6.7.1983 reopened the case and remanded the matter back to the Additional Collector, Sawaimadhopur for fresh adjudication under Sec. 15(1) and 15(2) of the said Act. The Additional Collector by order dated 15.11.1988 determined 421 bighas 17 biswa of land in excess with late Maji Sahiba Sardar Kanwar Ranawatji for being acquired. This order was challenged before the Board of Revenue by the petitioners. The Board vide aforesaid judgement dated 3.1.1992 accepted their appeal and remanded the matter back to the Additional Collector, Sawaimadhopur for fresh determination. He thereupon issued fresh order in ceiling case No.1/92 on 7.7.1994 but did not recognise the transfer of land covered by registered gift dated 30.3.1968 admeasuring 86 bigha 7.5 biswa as valid transfer holding that it was executed with an intention to defeat the provisions of the Act of 1973. Regarding transfer of the Agriculture land admeasuring 45 bigha 5 biswa by unregistered sale deed dated 17.7.1963 and 10.3.1964 to Rameshwar and Bhanwar Singh respectively, it was held that this purchase cannot be treated as bona fide as neither the purchasers were agriculturists, now were the transfers made by registered sale deed.

3. According to the petitioners, Smt. Nand Bai was widow since childhood and was since then leading a miserable and starving life. Since Smt. Nand Bai became widow during her childhood, the aforesaid land was gifted to her so that she could maintain herself. Considering that Smt. Nand Bai was sister of the husband of Maji Sahiba Sardar Kanwar Ranawatji. Late Maji Sahiba Sardar Kanwar Ranawatji therefore gifted 86 bigha and 7.5 biswa land to Smt. Nand Bai, widow of late Shri Bhanwar Singhji by means of registered sale deed dated 30.3.1968 and actual physical possession was also transferred. Mutation No. 120 dated 1.2.1971 was entered by virtue of the registered gift deed dated 30.3.1968 in the name of Smt Nand Bai by Gram Panchayat Bhadoti. The certified copy of the mutation has been place on record. Smt. Nand Bai was not a family member of late Maji Sahiba Sardar Kanwar Ranawatji. She continued to deposit the land revenue till she expired in the year 1980. Maji Sahiba Sardar Kanwar Ranawatji expired in the year 1993. The present petitioners were substituted

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