Justice Mohammad Rafique also said if required the state government could acquire a part of land of NEI Ltd., a beneficiary of the distribution of land by the late zamindar, Rao Rawal Rajeshwar Singh.
The writ petitions were filed by Rao Rawal Rajeshwar Singh, NEI Ltd, and Surendra Pal Colony Vikas Samiti.
The petitioners challenged the decision of then SDO of Amer regarding acquisition of 66 bigha and 19 biswas of land of the zamindar as it was found to be in the excess of the upper ceiling of 30 standard acres of land.
The then Amer SDO, however, de-recognised the transfers of land and held that the zamindar had 129.1/3 standard acres of land. Since his family consisted of less than five members he was entitled to retain only 30 standard acres of land, and the balance 99.1/3 standard acres was to be acquired from him.
Partly allowing the writ of NEI Ltd., Justice Rafiq said, "The State shall first take possession of un-encumbered land of Rao Rawal Rajeshwar Singh/his legal representatives and if such land falls short, then only, it shall proceed to acquire and take possession of the land of NEI.
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