HARI RAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner.

(2.) THE petitioner has preferred this writ petition before this Court on 18/23 August, 2011 challenging the impugned orders/judgments dated 6.3.1976 (Annex.12) passed by Dy. Secretary to the Government, 25.4.1995 (Annex.7) passed by Revenue Board, 20.5.2002( Annex.9) passed by Additional District Collector, Bundi and 25.2.2004 (Annex.10) passed by Revenue Board and to uphold the judgment dated 12.1.1971 passed by the Sub Divisional Officer. THE petitioner has also made prayer No.(vi) that provisions of Act No.8 of 1976 and No.6 of 1978 of the Rajasthan Imposition of Ceiling on Agricultural Holdings (Amendment) Act be declared ultra-vires and unconstitutional.

(3.) COUNSEL for the petitioner could not satisfy the delay of 34-36 years in challenging the vires of amended Act of 1976 and 1978 now in the year 2011. The petitioner lost long back and the ceiling proceedings attained finality against him in the year 1993 and execution proceedings were going on against him. He also filed a writ petition in the year 2008 challenging some of the orders passed in main and execution proceedings. Now, under the garb of challenge to amended Act of 1976 and 1978. The petitioner wants to challenge the original order passed under the provisions of Ceiling Act, which have already attained finality against the petitioner way back in the year 1993-95 and he wants to challenge those orders after a delay of about 17 to 20 years, which cannot be allowed to be permitted. In fact the filing of present writ petition on the pretext that he is challenging the vires of amended Act of 1976 and 1978 is a gross misuse of process of law. The orders under Ceiling Act, which attained finality in the year 1993 and 1995 cannot be allowed to be challenged after a delay of about 17 to 20 years.