Ramswaroop and Others vs Board of Revenue, Ajmer and Others

Govind Mathur

While disposing of the application preferred u/s 212 of the Rajasthan Tenancy Act, 1955 the Assistant Collector, Sangaria District Hanumangarh allowed the petitioner to retain possession over the land, subject to depositing cash security @ Rs. 500/- per Bigha per year for Barani land and Rs. 1000/- per Bigha per year for irrigated land.

The Appellate Court, while rejecting the appeal preferred by the present petitioners and by accepting the appeal preferred by the respondents, enhanced the cash security from Rs. 1000/- per Bigha per year to Rs. 2000/- per Bigha per year for irrigated land and for Barani land from Rs. 500/- per Bigha per year to Rs. 1000/- per Bigha per year.

A revision petition, preferred before the Board of Revenue as per the provisions of Section 230 of the Rajasthan Tenancy Act, 1955 also came to be rejected on 09.12.2011. The only submission of learned counsel for the petitioner is that in view of the orders passed by the courts below, the entire due amount that is commencing from the year 2001 is required to be deposited by the petitioners in one stroke, and that shall be quite difficult for a marginal farmer. It is asserted that the courts below should have directed the petitioners to get arrears of amount deposited in installments.

I have examined the orders impugned. On merits, the orders in no manner suffer from any error that may warrant interference of this Court under Article 226 & 227 of the Constitution of India. However, if the petitioners are having any difficulty in depositing the entire due arrears in one spell, they may approach to the authority that passed the initial order, while exercising powers u/s 212 of the Act of 1955. Thus,s this petition for writ is dismissed with liberty to the petitioners to move an application before the Assistant Collector, Sangariya for getting an order for re-schedulement for payment of the arrears due. If such an application is preferred within the period of one month from today, the Assistant Collector, Sangariya District Hanumangarh shall consider the same objectively and shall pass an appropriate order in accordance with law.