NARAIN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AFTER having heard the learned counsel for the parties and having perused the material placed on record in this matter relating to agricultural land ceiling proceedings, this Court is of the view that on a pertinent issue, the matter requires reconsideration by the Board of Revenue ('the Board') and hence, without comments on the merits of the case either way, it appears just and proper that the appeal bearing number Ceiling/Ganganagar/17/96 be restored to the file of the Board for consideration afresh and in accordance with law.

(2.) THIS Court finds the procedure for remitting the issue to the Board necessary in view of the submissions as made in the writ petition that the ceiling proceedings against the assessee Shri Narain Singh under Chapter III-B of the Rajasthan Tenancy Act, 1955 ('the old ceiling law') were dropped by the order dated 20.03.1970; and after coming into force of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 ('the Act of 1973'/'the new ceiling law'), the Authorised Officer again considered the matter against the said assessee and, again, dropped the proceedings by his order dated 19.09.1975.

(3.) IN Sahas Karan (supra) the Hon'ble Larger Bench has answered the reference on 13.03.2011 as follows: