1999 Supreme(Raj) 492
Rajasthan High Court
Honble B.J. SHETHNA, J.
Ridmal Singh - Appellant
Versus
State & Ors. - Respondents
S.B. Civil Writ Petition No. 4604 and 3 Other Writs of 1996
Decided On : July 23, 1999
Act Referred
Headnote
R.S. Gill, for Petitioners J.M. Bhandari, for B.L. Darji, for Respondents
(2). Ridmal Singh, Roop Singh, Ladu Singh and Smt. Anoop Kanwars` petitions are 4604/96, 4605/96,4485/96 and 4484/96.Ridmal Singh is father of Smt. Anoop Kanwar, Roop Singh is brother of Ridmal Singh and father of Ladu Singh. Ridmal Singh was allotted 50 bighas of uncommand land on 9.8.1965. Roop Singh was also allotted 25 bighas of uncommand land on the same date i.e. 9.8.1965 similarly Anoop Kanwar was allotted 12.4 bighas of uncommand land and Ladu Singh was also allotted 50 bighas uncommand land on 30.8.1969. Thus, four persons of one family have been allotted in all 137.4 bighas of land under the provisions of Rajasthan Land Revenue (Allotment of Land for agricultural purpose) Rules, 1957.
(3). Land-less person is defined under Rule 2 (iii) of the Rules 1957 which read as under;
``(iii) ``Landless person shall mean a bonafide agriculturist by profession who cultivates or can reasonably, who does accepted to cultivate the land personally, who does not hold any land either in his own name or in the name of any member of his joint family, or who holds an area which is less than the minimum area prescribed for purposes of Sec.53 of the Tenancy Act.
(4). One Shri Mukhram Godara of the village came to know that all these persons fraudulently got allotment of the land, therefore, he brought to the notice of the then Honble Chief Minister of the State Of Rajasthan, Jaipur in writing some- where in 1986. Thereupon, the Hon`ble Chief Minister directed the authority to make enquiry in the matter. Accordingly, enquiry was initiated by the Distt. Collector and the Distt. Magistrate, Sriganganagar in 1987 and notices were also issued to all the petitioners. Initially, they appeared through their advocate and ask for time to file reply but, lateron neither their advocate nor they appeared before the Collec- tor, therefore, exparte separate orders of cancellation of allotment of land were passed on 17.5.88. The Collector found in his impugned order dt 17.5.88 that father of Ridmal Singh sold 68.7 bighas of land twenty years before to Shri Dharmpal and Ram Chandra. Ridmal Singh had also 68 .7 bighas of land in village Bangasar. The said fact also suppressed by Ridmal Singh. He got allotment of 48.10 bighas of land in village Gosaisar Tehsil Suratgarh. Thus, by suppressing the fact he got allotment of in all 50 bighas of land on 9.8.65 from Tehsildar Suratgarh.
(5). Similarly, Roop Singh had also 85 bighas of land in village Bangasar which was sold twenty years before and he also got 75 bighas of land in his name in village Gosaisar and also got 57 bighas of land in the name of his son Ladhu Singh by suppressing the material fact.
(6). Similarly, in case of Smt. Anoop Kanwar the Collector found that by supp- ressing the fact the land was got allotted in her name. In case of Ladhu Singh also land was obtained by practising fraud with the Government. All the four petitioners aggrieved of that order of cancellation of allotment preferred separate appeals before Revenue Appellate Authority which were also dismissed by separate order dated 24.4.90. Aggrieved of that separate second appeals were preferred by them before the Board of Revenue, which came to be dismissed by the common judgment and order dt.30.5.95.
(7). ``Landless person is defined under Rule 2(iii) of the Rules, 1957 which I have already reproduced earlier. As per the definition of landless person he/she should not hold any land either in his/her own name or in the name of any member of his/ her joint family. From the facts stated above, admittedly, the land was already there in the name of Ridmal Singh and also in the name of father of Ridmal Singh. It is true that father of