STATE OF RAJASTHAN Vs. HANUMAN SINGH

JUDGEMENT

(1.) THE State has come up in this writ petition challenging the orders passed by the Board of Revenue dated 21.11.1985 (Annexure-3) with the prayer that the judgment passed by the Additional Collector, Ajmer dated 6.2.1984 (Annexure-2) be ordered to be maintained.

(2.) THE SDO Kekri initiated ceiling proceedings under Chapter III of the Rajasthan Tenancy Act (hereinafter called as the old law) against the respondent No.1 Hanuman Singh and the declared certain area to be surplus vide its order dated 27.3.1971. Aggrieved against this order the respondent No.1 had filed an appeal before the Revenue Appellate Authority which was decided in favour of the respondent No.1, but lateron on 29.9.1978 in exercise of the powers conferred u/Sec. 15(2) of the New Act, the State Govt. ordered reopening of the case of the respondent and directed the Additional Collector, Ajmer for taking necessary action and in pursuance of the order passed by the State Government the land matter of the respondent No.1 was reopened.

(3.) IT is further submitted that the land of the wife and the non-petitioner was clubbed together as was held by the Hon'ble Supreme Court in the case of State of Maharashtra vs. Vyasendra (2). IT is further submitted that Pari Devi's case relied upon by the Board of Revenue had been distinguished by this court by the Division Bench of this Court. A prayer has been made to set aside the order of the Board of Revenue Annexure-3 and to restore the order dated 6.2.1983.