SHANTI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition, the petitioner has challenged the orders passed by the authorities under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (hereinafter referred to as "the Ceiling Act").

(2.) Proceedings for determination of land held by one Goti Lal father of the present petitioner were commenced and it was found by order dated 2.5.1976 that the family of Goti Lal does not hold any surplus land.

(3.) The State Government thereafter, in exercise of its power under Section 15 of the Act, directed the Collector Chittorgarh to reopen the ceiling proceedings against the petitioner which were concluded by the order dated 2.5.1976 because father of the petitioner Goti Lal had expired during the interregnums. The order made by the State Government was dated 3.9.1982, it was thus, passed after completion of six years from the date of the order dated 2.5.1976. The provisions of Section 15 of the Ceiling Act provide for suo mote revision by the State Government but it also stipulates that it shall be so done within six years of the order. In the present case, it has been done after six years and consequently, the reopening itself is void ab initio, that being a legal position. The subsequent orders are liable to be quashed as illegal and without jurisdiction.