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Rajasthan High Court · body

2004 DIGILAW 421 (RAJ)

Shivaji Lal v. State of Raj.

2004-03-17

SHASHI KANT SHARMA, Y.R.MEENA

body2004
Honble MEENA, J.–By the appeal the petitioner appellant prays that the agricultural found referred in Annex-A should be declared as private property. Learned Single Judge has considered the provisions of Sec. 5, 6, and 7 and held that nowhere in these provisions provided that agricultural land can be declared as private property. The provisions of Sec. 5, 6 and 7 reads as under for ready reference. ``5. Consequences of Abolition:- (1) After the issue of a notification under sub-section (1) of Section 4 no right shall be acquired in or over any land in estate affected thereby except by succession of under a grant of contract in . . . . . . . .made of entered into by of on behalf of the State Government and no fresh clearings for cultivation of for any other purpose shall be made in such land by or on behalf of the holder of such estate otherwise than in accordance with rules made by the State Government in this behalf. ``6. Private properties of a Zamindar or Biswedar:- (1) Notwithstanding anything contained in this section. (a) All house sites purchased by the Zamindar or Biswedar or by his predecessor-in-interest or by any other person for valuable consideration. (b) All places of worship or wells situated in such house- sites as are mentioned in clause (a) and in khudkasht land belonging to be held by the Zamindar of Biswedar or any other person at the date vesting. (c) All private houses and all nohras or enclosures attached thereto, provided that such nohras of enclosures are in continuous possession of the Zamindar or Biswedar since the first day of January, 1953. (d) All land covered by such places of worship, wells, houses and nohras or enclosures, and (e) All trees belonging to the Zamindar or Biswedar or any other person and standing on house sites mentioned in clause (a) and on khudkasht land shall continue to belong to and be held by such Zamindar or Biswedar or other person. (d) All land covered by such places of worship, wells, houses and nohras or enclosures, and (e) All trees belonging to the Zamindar or Biswedar or any other person and standing on house sites mentioned in clause (a) and on khudkasht land shall continue to belong to and be held by such Zamindar or Biswedar or other person. Section 6(2)-Notwithstanding as aforesaid-(i) all groves wherever situated and recorded in the annual registers before the date of vesting as belonging to and being held by the Zamindar or Biswedar or other person and the land under such groves shall be deemed to be settled with him by the State Government on such terms and conditions as it may determine, and (ii) all tanks, ponds and embankments belonging to and held by the Zamindar or Biswedar or other (a) which are situated on khudkasht land or on any other land not being, a village site and, (b) in which no other person has any right of irrigation, shall continue to belong to and be held by the Zamindar or Biswedar or other person to whom they actually belong: 7. Provisions as certain transfers & agreement- Notwithstanding anything contained in any law, no transfer or an estate or part thereof made by the Zamindar or the Biswedar on or after the first day of January, 1953, by way of sale or gift or by making a grant or by way of lease for a non-agricultural purpose shall be recognised for any purpose of this Act and the estate or part so transferred shall be deemed to continue to vest in the transferor if such transfer is established to have been made not in good faith and in the normal course of management but in anticipation of the abolition and acquisition of Zamindari or Biswedari estate. Provided that nothing in this sub-section shall apply to any sale made under order of a court in execution of a decree or order for payment of money. (2). Provided that nothing in this sub-section shall apply to any sale made under order of a court in execution of a decree or order for payment of money. (2). We also perused the sale deed, Annex-A. The description of the property has been given as under:- [kkrk [kljk ch?kk fcLok foLokalh fdLe uksV 176 6662 9 15 0 v:ch 3 vkjkth ukMh 0 3 10 pkg dh gSA 1 14 0 cjMk 0 11 10 ** 0 5 0 ** 1 19 15 ** ehtku 14 0 15 176 6769 2 6 10 pkgh 2 6770 1 13 0 pkgh 3 6771 0 15 0 cjM+k ckjkuh 2 6772 1 0 0 ** 6773 1 0 0 ** 6774 1 10 10 ** 6775 2 6 0 pkgh 3 6776 1 19 0 pkgh 3 6777 6778 2 3 0 pkgh 2 6779 2 7 0 pkgh 1 6780 2 10 0 pkgh 1 6781 1 0 0 ckjkuh 1 6761 1 0 0 pkgh 3 6762 6760 1 5 0 pkgh 1 ehtku 22 15 0 (3). When the property in question is an agricultural land, there is no question of declaring that property as a private property in this case. No interference is called for. (4). The appeal stands dismissed at admission stage.