NARAIN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition is directed against order dated 20.2.2007 of the Board of Revenue, Rajasthan, whereby an appeal preferred by the petitioner Under Section 23(2) of (Rajasthan Imposition of Ceiling on Agriculture Holdings) Act, 1973 (hereinafter referred as "New Act") against the order dated 01.8.96 of Additional Collector (Vigilance) Sriganganagar, stands dismissed.

(2.) The relevant facts in nutshell are that the ceiling proceedings were initiated against the Petitioner under Chapter III of Rajasthan Tenancy Act, 1955 (hereinafter referred as "Old Act") in respect of agriculture land held by him on appointed date i.e. 1.4.66. After due consideration, the Deputy Collector, Sriganganagar found that the petitioner was holding 150 bighas land and since he is having three sons, therefore, considering the share of each member of family as 37.5 bighas of land, the Authorised Officer opined that the land held by the petitioner is less than ceiling limit. Accordingly, by an order dated 20.3.1970 the ceiling proceedings were ordered to be dropped.

(3.) However, the ceiling proceedings were reopened by the State Government under the New Act and the matter was referred to the Additional Collector (Vigilance), Sriganganagar to decide it afresh after due inquiry. The details of land held by the petitioner was obtained by the Authorised Officer. The parties led their evidence. After due consideration, the Authorised Officer opined that the petitioner is entitled to have only 46.08 bighas of agriculture land and accordingly, 12.14 bighas of land held by him was found to be in excess of the ceiling area i.e. surplus land. Accordingly, vide order dated 8.1.96, 12.14 bighas land held by the petitioner was ordered to be acquired and directions were issued to the Tehsildar to resume the unencumbered surplus land.