PALA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition was taken up for final hearing with the consent of the learnedcounsel for the parties.

(2.) THE petitioner's contention in this case is that although the ceiling matter in respect of the petitioner's land was decided under the Rajasthan Imposition of Ceiling on Agricultural Moldings Act, 1973, by the Sub -Divisioinal Officer, Sri Karanpur, on 17.6.1980 but thereafter a notice was issued by the Sub -Divisional Officer (Revenue), Sri Karanpur, on 1.12.1980, under Chapter III -B of the Rajasthan Tenancy Act (hereinafter referred to as 'the Act'). It is contended that after the repeal of the provisions of Chapter III -B of the Act. a fresh notice could not be given under those provisions on 1.12.1980.

(3.) IT was contended by the learned Deputy Government Advocate that the petitioner should have raised an objection in respect of the validity of the notice before the Sub -Divisional Officer (Revenue) Sri Karanpur. In the present case, as the notice was invalid on account of the fact that it was issued under the provisions of a repealed law and further as the writ petition has been entertained by this Court, it would not be proper to dismiss the writ petition at this stage, merely on the ground that the objection about the validity of the notice should have been raised before the Sub -Divisional Officer The notice Ex. 2 ex -facie is invalid and deserves to be quashed.