(1.) A number of writ petitions have been filed challenging the validity of Section 15 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Act No. 11 of 1973) (hereinafter referred to as 'the Act'). Arguments hare been heard in the above two writ petitions. The above two writ petitions raise some common questions, so I think it convenient to dispose them of by this order.
(2.) In S. B. Civil Writ Petition No. 481 of 1980 filed by Sanwalram, the Sub- Divisional Officer, Raisinghnagar by his order dated July 23, 1971 (Ex. 1) decided his ceiling case holding that he has no land in the excess of the ceiling area. The petitioner Sanwalram's case was decided under Chapter III-B of the Rajasthan Tenancy Act (hereinafter referred to as 'the old Ceiling Law') and the proceedings were also taken against the petitioner Sanwalram under the Act and the Authorised Officer (Ceiling) Raisinghnagar by his order, dated July 11, 1975 (Exhibit 2) dropped the proceedings of ceiling holding that the petitioner or his major son Indraj has no land in excess of the ceiling area. Sanwalram's case under the old Ceiling Law was reopened and the Deputy Secretary Revenue (Ceiling) by his order dated June 6, 1979 (Ex. 3/2) directed the Additional Collector, Sri Ganganagar under Section 15 (2) of the Act to re-open his case and decide his case afresh in the light of that order in accordance with law after giving him an opportunity of hearing. His ceiling case under the Act was also ordered to be reopened by the Special Secretary (Revenue) under Section 15 (1) of the Act by his order dated 14-7-1977 Exhibit 3/1 whereby he directed the Additional Collector, Sri Ganganagar to reopen the case of the petitioner under the Ceiling Act and decide the case afresh in accordance with the provisions of the Act
(3.) In S. B. Civil Writ Petition No. 1257 of 1980 filed by Smt. Tulsi, the Sub- Divisional Officer (Ceiling), Sri Ganganagar dropped the ceiling proceedings by his order dated September 12, 1972 (Ex. 1) finding that the petitioner Smt. Tulsi holds land less than the ceiling area. Proceedings for reopening of her ceiling case were initiated under Section 15(2) of the Act and the Deputy Secretary Revenue (Ceiling) by his order dated Oct. 25, 1979 directed the Additional Collector, Sri Ganganagar to reopen her ceiling case and dispose of the same in accordance with law after giving her an opportunity of hearing.