Point of Law: As per Section 13(1) of the Act of 1954, there was a condition precedent that, if any khatedar transfers his rights or interest in land, then he shall get previous consent in writing from the State Government

JUDGMENT :

1. By way of instant writ petition, the petitioner has prayed for the following reliefs:-

(a) the impugned order dated 03.04.2002 (Annexure-P/11), impugned judgments dated 16.11.2002 (Annexure-P/12), dated 17.01.2007 (Annexure-P/13), dated 27.04.2015 (Annexure-P/14) and dated 04.11.2015 (Annexure-P/15) may kindly be quashed and set aside.

(b) the application dated 22.12.1992 filed by the humble petitioner may kindly be allowed.

(c) the respondents may kindly be directed to enter mutation of the land in question in name of the purchasers and accordingly enter in the record or rights.

(d) cost of the writ petition may kindly be awarded to the humble petitioner. (e) any other order writ, order or direction which this Hon’ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the humble petitioner.”

2. Heard learned counsel for the respective parties.

3. Learned counsel for the petitioner submitted that 13 landless persons formed a Cooperative Society, namely, Rama Tenant Krishi Sahakari Samiti Limited Surewala (hereinafter referred to as ‘Samiti’) in the year 1960. Vide order dated 23.06.1960, the District Collector, Sri Ganganagar allotted 195 bighas irrigated sandy loam land to the said ‘Samiti’ under the Provisions of the Rajasthan (Allotment of Land to Cooperative Societies) Rules, 1959 (hereinafter referred to as “the Rules of 1959”) at the sale/allotment price of Rs.200/- per bigha instead of rent as provided under the Rules of 1959. In pursuance of the above order dated 23.06.1960, the Revenue Authority made allotment entry in the sale register and also entered schedule of installments of the payment. On 21.05.1974, the members of the said ‘Samiti’ deposited full and final payment of land cost. Thereafter on 18.07.1974, the District Collector issued Sanad of the land in the name of the said ‘Samiti’ under condition No.9 of the Rajasthan (General Colony) Conditions, 1955 (for short, “the Conditions of 1955”).

4. He submitted that as per the provisions of the Rules of 1959, if number of members of a Society is between 11 to 15, then 106.66 bighas of irrigated land could be allotted to that Society, but in the present case the land was allotted following the Rajasthan Colonisation (Bhakra Project Government Land Allotment and Sale) Rules, 1955. In the circumstances, on 03.03.1976 the members of the said ‘Samiti’ passed a resolution for partition of land and for submitting an application before the competent authority to make separate revenue account in the revenue records. Thereafter, the tenants of the said ‘Samiti’ submitted an application before the learned Assistant Settlement Officer enclosing all the documents, who after obtaining office report, passed an order dated 14.10.1977 granting khatedari rights to the tenants of the said ‘Samiti’. In pursuance of the said order dated 14.10.1977, entry of the khatedari rights (in the jamabandi) was made in the revenue record in the name of members of the said ‘Samiti’ and thus they were vested with khatedari rights.

5. Learned counsel further contended that by way of registered sale deed dated 02.03.1982, the petitioner purchased 6 bighas land from its khatedar, namely Shri Mala Singh S/o Jala Singh in his name and in the name of his two brothers. On 22.12.1992, the petitioner submitted an application before the District Collector, Hanumangarh to grant permission of the sale and to regularize the sale dated 02.03.1982, as required under the provisions of Section 13 and 13-A of the Rajasthan Colonisation Act, 1954 (for short, “the Act of 1954”). The Additional District Collector sought reports from the Patwari and Tehsildar concerned, who submitted their report on 13.08.1993 and 28.06.1997 respectively to the effect that as per the revenue record, the land in question is khatedari land of Mala Singh S/o Jala Singh. The petitioner deposited compounding fee as well as interest vide cash challan dated 30.06.1997. The State Go