Honble RAFIQ, J.—Heard learned counsel for the parties.

2. This writ petition has been filed with the prayer that the respondents be directed to allot the land of Tank Bed for cultivation under the provisions of the Rajasthan Land Revenue (Allotment of Tank-Bed Lands for Cultivation) Rules, 1961 (for short “the Rules of 1961”) which the petitioners have been cultivating since the time the same was allotted to them by the S.D.O., Kekri vide orders dated 7.3.1996 and 25.6.1996. A perusal of these orders reveals that the allotment was made on temporary basis for a period of three years. Shri S.K. Saksena, learned counsel for the petitioners argued that the petitioners have been cultivating the land allotted under the aforesaid orders which is the only source of their livelihood. Khasra Girdawari of the land have been placed on record to substantiate this assertion. It has been argued that the area in which the land is situated is drought affected area and therefore a committee headed by the Chairman of the Board of Revenue was constituted for temporary allotment of land covered by tank-bed for cultivation. On recommendation by the said committee, a decision has been taken to confer Khatedari rights on those in cultivatory possession of the land of tank bed though on temporary basis, for a period of 30 years. Reference has been made to a news-paper report to this effect published in Dainik Navjyoti in its Ajmer edition dated 23.9.1999.

3. Learned counsel for the petitioners referred to rules 4 and 6 of the Rules of 1961 and argued that the Government was competent to issue general direction for allotment of land of Tank-Bed over and above the provisions thereabout contained in the Rules of 1961 and the Rules of 1970. Shri S.K. Saksena, learned counsel for the petitioners also referred to amendment made in Rule 18 of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970 (for short “the Rules of 1970”) wherein sub-clause (4) was added vide notification of the Government dated 4.1.2002 to provide for conferment of Khatedari Rights upon all those persons who were allotted land prior to 29.9.1999 and had cultivated 50% of the land in the first year of allotment and the remaining area, in the second year and their allotment has not been cancelled, if they have been cultivating the allotted land for the last three years and fulfill the other terms and conditions of allotment. No further allotment letter or renewal order has been placed on record but learned counsel for the petitioners submits that their allotment was later renewed and the petitioners are still in possession thereof. Therefore, they would be entitled to the benefit of the sub-rule (4) of the Rule 18 of the Rules of 1970.

4. While on the one hand, Rule 18 has been amended so as to provide for conferment of Khatedari rights by adding sub-rule (4) thereto on the persons who were allotted such land prior to 29.9.99 and their allotment has not been cancelled, if they are cultivating said allotted land for the last three years and fulfills the other terms and conditions of allotment, on the other hand section 16(ii) of the Rajasthan Tenancy Act, 1955 (for short “the Act of 1955”) provides that notwithstanding anything contained in this Act or in any other law or enactment for the time being in force in any part of the State Khatedari rights shall not accrue in the land used for casual or occasional cultivation in the bed of a river or tank. The word Tank was purposely inserted by Amendment Act No.2 of 1958.

5. Posed with this difficulty, Shri S.K. Saksena, learned counsel for the petitioners argued that Section 16(ii) of the Act of 1955 excludes only such land which are used for casual or occasional cultivation in the bed of a river or tank but not the land which are allotted for a particular time period. The Govt. has framed the Rules of 1961 so as to prescribed the manner in which the allotment of Tank-Bed lands for cultivation would be regulated. S

Click Here to Read the rest of this document