Honble RATHORE, J.–Brief facts of the case are that late Thakur Jaswant Singh son of late Thakur Jagannath Singh was the former Jagirdar of Jagir village Soonpa, Tehsil Sarwar, District Ajmer and was the eldest son of late Thakur Jaggannath Singh. The Jagir was resumed in the year 1960 under the provisions of Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 and the rules made thereunder and the lands which were in the khudkasht of the Jagirdar were recorded in his khatedari. The land being ancestral, two brothers of late Thakur Jaswant Singh namely; Pratap Singh and Vijay Singh, were equal co-sharers having 1/3rd share each.

(2). Late Thakur Jaswant Singh filed a declaration under the provisions of the Rajasthan Tenancy (Fixation of Ceiling on Land) Govt.) Rules, 1963 before the Sub-Divisional Officer, Kekri on 14.7.64 showing that he held total 671 bigha and 5 biswas of land. In the earlier Jamabandi of Samvat 2015 to 2018 in the name of Thakur Jaswant Singh, total land was recorded 762 Bigha and 19 Biswas, out of which; 91 bigha and 5 biswas of land was gifted by Thakur Jaswant Singh in favour of respondent No.5 Pratap Singh and 94 bigha and 12 Biswas of land to Shri Vijay Singh (both his brothers) and 161 Bigha 14 biswas of land to his major son Tejpal Singh (now deceased); 105 bigha to Smt. Sugan Kanwar widow of Thakur Jaswant Singh and 162- bigha and 17 biswas of land was gifted to petitioner No.1 Mail Kanwar widow of Tej Pal Singh respectively. These lands were entered in their names vide mutation No.71 dated 1.4.1.962 by the Gram Panchayat, Soonpa. in the declaration submitted on 14.6.64 by late Thakur Singh showed his major son Tejpal Singh, his brother Pratap Singh and their wives along with other persons dependent on him as members of his family.

(3). The learned S.D.O., Kekri on 24.3.1969 held that late Thakur Jaswant Singh field 103.60 standard acres of land which was more than 90 acres and in view of the Government order dated 7.6.1968 the land measuring 13.60 standard acres was declared as surplus and the S.D.O. also ordered for resumption of 13.60 standard acres of land.

(4). An appeal No.114/1969 was preferred by late Thakur Jaswant Singh against the order dated 24.3.1969 before the Revenue Appellate Authority and the same was rejected vide order dated 21.4.71. Thakur Jaswant Singh died in the year 1971, his widow Sugan Kanwar died in the year 1972 and his son Tejpal Singh died oil 20.4.1973.

(5). In the meantime, the State Government re-opened the ceiling case/order of the Sub Divisional Officer, Kekri dated 24.3.1969 under the provisions of Section 15(2) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1971 (sic 1973) and the State Government vide its order dated 11.7.1980 directed the Additional Collector, Ajmer to redecide the ceiling case of late Thakur Jaswant Singh.

(6). The petitioners filed reply to the notice issued by the Additional Collector, Ajmer on the grounds that the land in possession of Thakur Jaswant Singh was ancestral and his two brothers Pratap Singh and Vijay Singh had equal rights and excluding the land which was transferred by Thakur Jaswant Singh before 1.4.1966, he did not hold any land in excess of the ceiling limit. It was also submitted in the reply dated 7.3.1981 (Annexure VIII) that both Pratap Singh and Vijay Singh were agriculturists by profession and were the residents of Rajasthan and these transfers were also covered by Section 30-DD of the Rajasthan Tenancy Act, 1955.

(7). The learned Additional Collector, Ajmer vide its order dated 30.1.88 held that Shri Jaswant Singh was only entitled to retain 30 standard acres of land. An appeal was preferred against the order dated 30.1.88 before the Board of Revenue. The Board of Revenue dismissed the appeal vide its order dated 30.8.91. A review petition was also, field by the petitioner and the same was dismissed by the Board of Revenue vide order dated 6.5.1992. Therefore, the petitioners by way of this writ

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