Inder Sen Israni, J.
1. In all these 20 writ petitions, a common question regarding lands allotted to various petitioners, who are either Ex-servicemen 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. All 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 1941-42 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 look certain decisions vide Order No. 548/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 Pattedari system to the Ex-servicemen agriculturists and to get some barani land under cultivation, which was to be allotted to the Ex-servicemen. According to this Notification, land was allotted to the petitioners, details of which are mentioned in each of the petitions. As per this Notification, Ex-servicemen 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-servicemen 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 how in the record of the office of the Collector, Sawaimadhopur, with the title of 'Allotment File Man Nagar Soldiers' Farm, Daulatpura, Tehsil Khandar' 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 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.Agrawal, 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 8th July, 1958 (Anx. 2) that petitioner Hansraj be given exclusive possession of 60 Bighas of land, which had been allotted to him. In pursuance of the above order (Anx. 2), another order dated July 10, 1958 (Anx. 3) was also issued from the Office of Tehsil, Khandar, stating that Patwari of village Baharwada Khurd has been informed to allot 60 Bighas of land to the petitioner, Hansraj. It is submitted by the learned Counsel that is such orders were issued regarding allotment of land to each of the petitioners (ex-servicemen), who have either filed the petitions, under consideration, themselves or their legal heirs have done so, who are now having possession of the same. Thereafter, the Patwari, in pursuance of the said orders, went at the site and gave actual physical possession of the lands allotted to each of the petitioners, after preparing a site plan. Khasra Nos. of such land are given in each petition. The petitioner in Writ Petition No. 240/83 was given possession of 60 Bighas of land, out of which, 42 Bighas of land, bearing Khasra No. 1244/6, was situated in village Bahravada Khurd and 18 Bighas of land, bearing Khasra No. 435/89, was situated in village Daulatpura, Tehsil Khandar vide Anxs. 5 & 6, respectively. It was further contended that the land allotted to the various persons was regularly cultivated and when the Petition No. 240/83 was filed, crops of wheat, gram & Sarson were standing as mentioned in the petition itself.
4. It is submitted by the learned Counsel that the Deputy Secretary, on behalf of respondent No. 1, sent a letter No. 248/8/Raj./UP/777 dated July 27, 1982, whereby, the petitioner is to be treated as trespasser over the land and Wants to recover from the petitioner the penalties and various other rents, for which, the respondents are not entitled. It is further pointed out that before proceeding under Section 91 of the Rajasthan Land Revenue Act against the petitioner, the Tehsildar, Khandar has passed an order dated December 31, 1982 (Anx. 7), in favour of the petitioner. In this order, it is clearly mentioned that the land in possession of the petitioner, which was allotted to him, has been regularised. It is also submitted that a demand notice dated September 17, 1983 which was filed with second stay application for depositing Rs. 12, 596.89 was issued and order of Tehsildar dated September 24, 1983 (Anx. 2) issued for attaching the property to recover the amount mentioned in Anx. 1, from petitioner in Petition No. 240/83, was stayed by this Court vide its order dated November 3, 1983. It is further submitted that similar demand notices & attachment orders were issued in other petitions also, the details of which are mentioned in each of the petitions, which were also stayed by this Court, by passing separate stay orders in each of the petitions.
5. It is contended by the learned Counsel for the petitioners that the order, under which the Ex-servicemen are holding the lands, on the terms & conditions mentioned therein, was passed by the then Government of Jaipur State on June 27, 1947 (Anx. 1), is an order issued by the then Sovereign power of the State and the respondents are not entitled to violate the said order. The respondents have no authority in law to deprive the petitioners of the rights and interest conferred upon them by order Anx. 1 and such actions of respondents are violative of Article 300A of the Constitution of India. It is also contended that the petitioners have put in hard labour for years together and invested huge amount in making the lands fit for cultivation. The petitioners, therefore, cannot be dispossessed from the disputed lands, nor any recovery can be made from them against the terms & conditions of Anx. 1.
6. No return has been filed in any of the petitions on behalf of the respondents. However, it is contended by Mr. J.M. Saxena, learned Deputy Government Advocate, that order (Anx. 1) is in-effective as it is not in accordance with Section 6 of Jaipur Tenancy Act, 1945. It does not state that the allottees will get rights of 'Pattedar'. As per Section 7 of the said Act, the 'Pattedar' has to make some payment, whereas, the allottees Ex-servicemen were not called upon to pay anything. It is also submitted that the land was handed over to Man Nagar Co-operative Society, therefore, the individual petitioners received no land and are not entitled to retain the same. It is pointed out that under Section 88 of the Rajasthan Tenancy Act, the allottees could have filed regular suit for declaration of their tenancy rights, therefore, the writ petitions filed by them are liable to be dismissed on this ground. The petitioners should have applied for regularization of their land as per Rajasthan Land Allotment Rules, 1970.
7. I have heard both the parties and gone through the documents on record in each of the petitions. The respondents have not cared to file any return in any of the petitions, even though, several chances were given to them. It was only expected that the respondents will clarify their position with regard to the claims made by the petitioners in each of the petitions, so that, this Court may be in a position to know how far the facts stated by the petitioners are correct. The petitioners have stated facts in the petitions supported by affidavits and in the absence of any respondents disputing the correctness of the facts, by filing counter affidavits, this Court, has to proceed on the assumptions that the facts stated in the petitions, which are supported by affidavits, are correct. The same view was taken by this Court in Surajmal v. Prithisingh AIR 1957 Raj. 383. However, it may also be pointed out that Anx. 1 was issued under instructions of Maharaja of Jaipur, who wielded Sovereign powers, while he ruled the then Jaipur State, therefore, whatever order was passed under his instructions, it had forced of law. In this way, the respondents cannot challenge the authority regarding land allotted to Ex-servicemen. It is also evident that Ex-servicemen fought for the country and when they were discharged from service, it was only expected that the State shall look after them & re-habilitate them. Alongwith this purpose, the authorities of the then Jaipur State found out a way, by which, Banjar (un-cultivable) land was to be made cultivable, it will also enrich the State by production of more food stuffs. A close look at Anx. 1 dated June 27, 1947 will show that it has been clearly mentioned that the allottees Ex-servicemen were given full rights of 'Pattedar', without any payment. In this way, the then Ruler of Jaipur State showed his gratitude to Ex-servicemen, who were prepared to lay down their lives at his orders and went to fight in the war. Therefore, there is no force in the objection of the learned Deputy Government Advocate that the Ex-servicemen allottees do not have the rights of 'Pattedar', since they made no payment for the lands allotted to them. It is further mentioned in this document that the allottees shall be paid Rs. 10/- each per bigha for making the Barani land cultivable and this amount was not to be recovered from them. Several other facilities and concessions in payment of revenue were also mentioned therein. In my considered opinion, this document has all the force of law and the respondents cannot violate the terms of this order, more so, in view of the provisions of Article 300A of the Constitution of India. Man Nagar Co-operative Society was formed by the allottees themselves to put joint labour in making the Barani land cultivable and after this purpose was served, the said Society was disbanded as is mentioned in the petitions, under consideration. The matter is more than 40 years old and it is not expected that each of the petitioners, who is Ex-servicemen or the heirs of the Ex-servicemen will be able to trace the 'Pattas' and produce in the Court of law. If is evident that the demand notice issued to each of the petitioners for depositing several thousand rupees, regarding the lands in their possession, goes to show that they are in possession of the lands and have been cultivating the same, since long. Since the lands in possession of each of the petitioners were allotted vide Anx. 1, without payment of any charge, the respondents are not authorised to recover any amount as price of the land from them.
8. It may also be mentioned that in each of the petitions, documents have been filed in support of the contentions raised by the petitioners. In Writ Petition No. 856/83, specific description of the land with Khasra Nos., area and village, where it is situated, have been mentioned. In this petition, respondents have even regularised 40 Bighas & 50 Biswas of land in favour of the petitioners. Anx. 1 dated June 27, 1947, has been produced in this petition and the same has also been produced in all the petitions. Anx. 2 dated February 1, 1983, is order of the Deputy Secretary to the Collector, Sawaimadhopur, staying the dispossession of the land from the petitioner and also staying the allotment of the said land to any other person. In Writ Petition No. 857/83, both the petitioners are Ex-Army personnel. Two demand notices dated October 22, 1983, have been filed alongwith second stay application. The recovery was stayed vide order dated November 3, 1983, which was confirmed on November 21, 1983. As in other petitions, in this petition also, on December 4, 1984, respondents, including the State of Rajasthan, were directed to file their returns supported by affidavits, within a period of one month. It was further stated that if the returns are not filed within the period mentioned above, it will be presumed that respondents are not interested in filing the returns and necessary presumption will be drawn. It is mentioned in the order-sheet dated January 15, 1985, that Mr. A.K. Bhargava, who appears for respondents No. 5, 6, 8, 9, 10 & 12, has filed reply to the writ petition, but not within time. It is also mentioned that he undertakes to file an application for condoning the delay. However, it is pointed out by the learned Counsel for the petitioners that, till today, no application for condonation of delay has been filed and, therefore, the reply filed on behalf of the private respondents, cannot be taken into consideration, in view of the order dated December 4, 1984. In this petition, description of the land allotted to the petitioner has been given in detail alongwith Khasra numbers and it is mentioned therein that the land has been regularised. The names of village, where the land is situated, are also mentioned. It has been pointed out by the learned Counsel for the petitioners that respondents No. 7 & 11 have admitted the case of the petitioners in their additional pleas. Even otherwise, the assertion of the learned Counsel, Mr. Bhargava, that the respondents whom he represents are in possession of the land, evidently has no force, since the demand notices regarding deposit of the amount, were issued to the petitioners, but, according to the State Government, they are in possession of the land. In para 12 of the reply, respondents No. 7 & 11, even admitted that they, received only paper allotment. Therefore, I do not find any force in the contention raised by the private respondents and their claims are rejected. In Writ Petition No. 1141/83 the petitioner himself is an Ex-Army personnel. Description of the land, specifying the Khasra Nos. area & village, has been given in detail. Anx. 1 is Certificate of Service in Military, Anx. 2 is. the Gazette Order dated June 27, 1947 regarding allotment of the land, Anx. 3 is site-plan & Anx. 4 is order dated September 24, 1982, passed by the Sub-Divisional Officer (SDO), regarding regularization of the land. It is given out that the demand notice dated October 22, 1983 has, been filed alongwith stay application, which was stayed by this Court. Thus, the petitioner has given complete details, regarding the land allotted to him and he continues to be in possession of the same. The petitioners is legal heir of Shri Bachchan Singh, who was an Ex-Army personnel and was allotted land. The description of the land alongwith Khasra Nos, area & village, where the land is situated, has been mentioned in detail. A portion of the land has been already regularised as mentioned in para 11 of the petition. Anx. 1 is Certificate of Service in Military, Anx. 2 is the order dated June 27, 1947, by which the land was directed to be allotted to the Ex-Army personnel, Anx. 2-A is site-plan and Anx. 3 is order dated November 6, 1982, passed by the SDO, regarding regularisation of the land. It is also mentioned therein that after Bachchan Singh, the land may be regularised in the name of his heirs. Demand Notice dated October 22, 1983 has been filed alongwith second stay application, which was stayed by this Court. In this case, an application for impleading one Prahlad & Chhotiya was filed on December 16, 1987. Second application was again filed on January 27, 1990 by Shri Biri Singh, Advocate, to which the reply was also filed by the petitioner on October 9, 1990. However, none appeared on behalf of the applicants for several dates, during which the arguments of these petitioners were heard. The petition of the applicants is, therefore, dismissed. Thus, the petitioner has given complete details, regarding the land allotted to him and he continues to be in possession of the same, In Petition No. 1170/90, the petitioner is legal heir of Deep Singh, who was an Ex-Army Personnel. Complete details of the land allotted to him with Khasra Nos., area and the village have been given in this petition. The land of the petitioner has been regularised & mutated, except the land shown in Khasra No. 219/1, measuring 20 bighas in village Kyarda Khurd, as mentioned in para 12 & Anx. 3 of the petition. Anx. 1 is order dated June 27, 1947, Anx. 3 is mutation order and Anx. 4 is order dated September 24, 1982, whereby, respondent No. 2, has regularised the lands mentioned therein and for rest of the lands, he passed an order for recovery of the penally. On the application of the father of the petitioner, respondent No. 1 issued an order dated February 1, 1983, to respondent No. 4, whereby respondent No. 1 asked the Collector, Sawaimadhopur to send the complete report with his comments and further directed that the petitioner should not be dispossessed from the land, till otherwise ordered by the State Government and that the land should not be allotted to any other person. Anx. 5 is letter dated March 16, 1983 of the Hon'ble Minister for Soldiers Welfare, who wrote to the Hon'ble Revenue Minister, Government of Rajasthan, requesting that the State of Rajasthan should consider the case of the petitioner and that he should not be compelled to become a refugee & should be protected. Demand notice dated September 22, 1983 (Anxs. 1 & 2) have been filed alongwith the stay application, on which, the stay orders were passed by the Court on February 2, 1984, directing the respondent not to realise any price from time to time or penalty from the petitioner. Thus, the petitioner has given complete details, regarding the land allotted to him and he continues to be in possession of the same. In Petition 1171/83, the petitioner is legal heir of deceased Netram, who was an Ex-Army person. The description of the land has been fully given alongwith Khasra numbers, area and the village, where the land is situated. In para 12, details of the land, regarding regularisation & mutation, have been given. It is also mentioned therein that the respondents are making illegal interference in Khasra No. 405, measuring 2 Bighas & 8 Biswas, and Khasra No. 250, measuring 20 Bighas, situated in village Kyarda Khurd. Anx. 1 is Certificate of Service in military, Anx. 2 is order dated June 27, 1947, Anx. 3 dated October 21, 1982 is mutation order and Anx. 4 is notice to vacate the land. Demand Notice dated September 29, 1983, was filed with second stay application and recovery of which was stayed by this Court vide order dated November 3, 1983. Thus, the petitioner has given complete details, regarding the land allotted to him and he continues to be in possession of the same. In Petition No. 1330/83, the petitioner is legal heir of deceased Mool Singh, who was an Ex-Army personnel. Full details of the land alongwith Khasra numbers and the village, where the land is situated, have been given in para 11 of the petition. Anx. 2 is order dated June 27, 1947 and Anx. 2/1 is demand notice dated August 29, 1983, which has been filed alongwith second stay application, where upon the recovery of the amount was stayed by this Court. Thus the petitioner has given complete details, regarding the land allotted to him and he continues to be in possession of the same. In Writ Petition No. 2320/83, the petitioner is legal heir of Manak Singh, who was an Ex-Army personnel. Full details of the land alongwith Khasra Nos. and the village, where it is situated, have been given in para 12 of the petition. Anx. 1 is Certificate of service in Military, Anx. 2 is order dated June 27, 1947 and Anx. 3 is demand notice dated October 22, 1983 given to the petitioner. In Petition No. 2321/83, the petitioner is an Ex-Army personnel. Details of the land allotted to him alongwith Khasra Numbers and the village, where in the land is situated, have been given. Anx. 1 is Certificate of Service in Military, Anx. 2 is order dated June 27, 1947, Anx. 3 is mutation order dated October 19, 1982 and Anx. 4 is demand notice dated September 22, 1983. Thus, the petitioner has given complete details, regarding the land allotted to him and he continues to be in possession of the same. In petition No. 2420/83, the petitioner himself is an Ex-Army personnel. He has furnished full details of the land allotted to him, alongwith Khasra numbers and the village, where in the land is situated. Land bearing Khasra No. 426/8, measuring 7 Bighas and 3 Biswas; and land of Khasra No. 426/9, measuring 7 Biswas in village Daulatpura, have been regularised & mutation order dated October 19, 1982 (Anx. 3) has been passed. The petitioner has claimed the lands bearing Khasra No. 426/8, measuring 3 Bighas & 17 Biswas; Khasra No; 426/9, measuring 6 Bighas & 19 Biswas and Khasra No. 425/5, measuring 14 Bighas & 10 Biswas, all situated in village Daulatpura,as mentioned in para 11 of the petition.Thus, the petitioner has given full details, regarding the land allotted to him and he continues to be in possession of the same. In Petition No. 2571/83, the petitioner is legal heir of Major Durga Das, who was an Ex-Army personnel. Full details of the land alongwith Khasra Numbers, area and the village, wherein it is situated, have been given. Mutation order regarding these lands have also been issued. Anx. 1 is Certificate of Service in Military, Anx. 2 is order dated June 27, 1947 Anx. 3 is mutation order dated October 22, 1982 and Anx. 4 is demand notice dated October 22, 1983. Thus, the petitioner has given full details, regarding the land allotted to him and he continues to be in possession of the same. In Writ Peril ion No. 306/84, petitioners are legal heirs of deceased Kashiram, who was an Ex-Army personnel. Full details of the land alongwith Khasra numbers, area and the village, where the land is situated, have been given. These lands have been mutated in the names of the petitioners, after the death of late Kashiram. Anx. 1 is order dated June 27, 1947, Anx. 2 is mutation order dated October 22, 1982, passed in favour of the petitioner & Anx. 3 is demand notice dated October 22, 1983. Thus, the petitioners have given full details, regarding the lands allotted to them and they continue to be in possession of the same. In Petition No. 404/80, petitioner himself is an Ex-Army personnel. Full details of the land alongwith Khasra numbers, area and the village, wherein the same is situated, have been given. Lands bearing Khasra No. 1044/2, measuring 22 Bighas and Khasra No. 221, measuring 30 Bighas, have been mutated in the name of the petitioner, as mentioned in para 11 of the petition. Anx. 1 is Certificate of Service in Military, Anx. 2 is order dated June 27, 1947 and Anx. 3 is mutation order dated October 22, 1982. Thus, the petitioner has given full details, regarding the lands allotted to him and he continues to be in possession of the same. Lands bearing Khasra No. 221, measuring 30 Bighas in village Kyarda Khurd have been mutated in the name of the petitioner, as mentioned in para 11 of the petition. In Writ Petition No. 405/84, the petitioner is himself an Ex-military man. In para 11 of the petition, he has given full details of the land alongwith Khasra Nos., area and the village, wherein the land is situated. Anx. 1 is Certificate of Service in Military, Anx. 2 is order dated June 27, 1984 and Anx. 3 is demand notice dated February 10, 1984 issued to the petitioner, which was stayed by this Court vide order dated April 17, 1984 and the stay order was confirmed on April 30, 1985. Thus, the petitioner has given full details, regarding the land allotted to him and he continues to be in possession of the same. In Petition No. 1181/84, the petitioner is legal heir of deceased Captain Amar Nath Sen, who was Army personnel. Complete details of the description of the land, alongwith Khasra No., area & village, wherein the same is situated, have been given in para 13 of the petition. Anx. 1 is order dated June 27, 1947 and Anx. 2 is list of persons, who received contribution and the name of husband of the petitioner is mentioned at S.No. 37 therein. Thus, the petitioner has given complete details, regarding the land allotted to her husband late Capt. Amar Nath Sen. In Petition No. 452/85, the petitioner himself is an Ex-Army personnel. He has given full details, regarding the land, Khasra No. and the village, in which the same is situated. The lands were mutated and regularised in his name as mentioned in para 15 of the petition. Anx. is order dated April 27, 1946, which shows that the then His Highness of Jaipur was Supreme Commander of the Jaipur State, Anx. 2 is order dated June 27, 1947, Anx. 3 is order dated September 24, 1982, by which the land of the petitioner was regularised and Anx. 4 is order of mutation of land dated October 22, 1982. Alongwith the second stay application Anx. 1/1 demand notice dated March 18, 1985, Anx. 1/2 another demand notice of the same date and Anx. 1/3 auction notice of the land bearing Khasra No. 435/6. measuring 22 Bighas have been filed. Thus, the petitioner has given complete detail, regarding the land allotted to him and he continues to be in possession of the same. In Petition No. 666/85, the petitioner himself is an Ex-Army personnel. Complete details of the land alongwith Khasra Nos. and the area wherein it is situated, have been given. Anx. 1 is pension payment order dated March 18, 1985, Anx. 4 is another demand notice dated June 26, 1949 Anx. 2 is order dated June 27, 1947, Anx. 3 is demand notice dated March 18, 1985 and Anx. 5 is notice of auction dated March 4, 1985. In Petition No. 1099/85, petitioners are legal heirs of Shri Jabar Singh, who was an Ex-Army personnel. Full details of the land, alongwith Khasra Nos. area and the village, wherein the same is situated, have been given. Anx. 1 is Certificate of Service in Military, Anx. 2 is order dated June 27, 1947 and Anxs. 3 & 4 are demand notice dated October 22, 1983. Thus, the petitioners have given full details, regarding the land allotted to them and they continue to be in possession of the same. In Petition No. 1144/85, the petitioner is legal heir of deceased Surat Singh, who was an Ex-Army personnel. Complete details of the lands, alongwith Khasra Nos. and village, wherein the same is situated, have been given. Anx. 1 is Certificate of Service in Military, Anx. 2 is order dated June 27, 1947, Anxs. 3 & 4 are demand notices dated March 18, 1985 and Anx. 5 is notice of auction of the land dated March 26, 1985. Thus, the petitioner has given complete details, regarding the land allotted to her and she continues to be in possession of the same.
9. From the details given above, it is evident that all the petitioners are in possession of the land in dispute. Therefore, all the petitions are allowed and it is directed that the respondents shall not commit breach of the terms of the conditions contained in Anx. 1 dated June 27, 1947, whereunder, the lands were allotted to various Ex-servicemen and they shall be treated to have acquired lawful title & possession of the lands as Pattedari tenants under the provisions of Jaipur Tenancy Act, 1945. Such of the petitioners, who came in possession of the land, after the death of the original Ex-servicemen, as their legal heirs, shall also be treated to have acquired lawful title & possession of the said lands as Pattedari tenants under the provisions of the Act, 1945. The respondents are further directed not to charge from the petitioners any amount in contravention of the terms & conditions of Anx. 1 mentioned above. All the demand notices issued to some of the petitioners for realising price/penalty etc. are quashed & set aside. Regularization of the land, if not yet done in the name of either of the petitioners, may now be done, in their favour.
10. The petitions are allowed, as above, with no order as to cost.