Honble INDER SEN ISRANI, J.-In all these 20 writ petitions, a common question regarding lands allotted to various petitioners, who are either Ex-service men or their heirs, has been raised and a prayer has been made that each of the petitioners should not be dispossessed from the lands in their possession. Therefore, all the above mentioned petitions are decided by one Order.

2. For the sake of giving facts, which are generally common in all the petitions, reference of Writ Petition No. 240/83, filed by the petitioner. Hansraj, has been made. Ail the petitioners served in Indian Army and each of the petitioners has been given Regiment No. & rank held by them. The petitioners were enrolled in December 1941-4i and served on active war front and were discharged in the year, 1944, after cessation of hostilities. During the war, many of the petitioners served abroad also. Prior to April 7, 1949, there existed Sovereign State of Jaipur (briefly, the then Jaipur State) and then His Highness Maharaja Sawai Man Singh was the Ruler of the said State, who wielded all sovereign powers vested in him. He appointed a representative committee to make recommendations for the purpose of rehabilitation of the Ex-Army Personnel vide his order No. 1010/SC dated July 29, 1943. On the recommendations of the said Committee, the then Government of Jaipur State took certain decisions vide Order No. 584/SC dated May 20, 1944. which were published in Jaipur Gazette Volume LXII No. 5393 dated June 1, 1944. In pursuance to the said recommendations, the then Government of State issued an order dated June 27, 1947 (Anx. 1), with a view to give the benefit of Patte-dari system to the Ex-service-men agriculturists and to get some barani land under cultivation, which was to be allotted to the Ex-service-men. According to this Notification, land was allotted to each of the petitioners, details of which are mentioned! in each of the petitions. As per this Notification, Ex-service-men of Officer category were to be allotted 120 Bighas of land, those belonging to BCO category, 80 Bighas of land & those belonging to NCO category and other personnel, were to be allotted 60 Bighas of land. It was also made clear in this Notification that the allottees under the scheme will not be required to pay any rent for first 10 years. The other facilities & concessions were also mentioned therein. In pursuance of this order, the then Government of Jaipur State allotted land to Ex-service-men for purposes of cultivation in District Sawai Madhopur or at such other places which is mentioned in each of the petitions. This order was communicated to the then Deputy Commissioner, Sawai Madhopur, which is now in the record of the office of the Collector, Sawaimadhopur, with the title of "Allotment File Man Nagar Soldiers Farm, Daulatpura, Tehsil Kbandar" and file bears No. 212/2010. After allotment of the lands to the petitioners, in the year, 1948-49, the same were shown in Chausala Khasra Girdawari maintained in the then Jaipur State to be in possession of the various allottees by Order No. 97/SC dated September 14, 1949, issued by the then Deputy Commissioner, Sawaimadhopur. Respondent No. 3 the Collector, Sawaimadhopur, vide order dated September 16, 1949, entered these lands in the names of various allottees and the actual possession of the lands was also given to them.

3. It is submitted by Mr. P.N. Agarwal, learned counsel for the petitioners, that all the allottees by dint of their hard labour converted this barani land, which contained sand-dunes & "Nallahs" etc. into a cultivable land. For this purpose, the allottees also formed a Co-operative Society to achieve their object. This Co-operative Society was dissolved subsequently and the lands remained in individual possession of the various allottees. The Sub-Divisional Officer Sawaimadhopur, issued an order on 8.07.1958 (Anx. 2) that petitioner Hansraj be given exclusive possession of 60 Bighas of land, which had been allotted t

Click Here to Read the rest of this document