KAUSHALYA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AT the request and with the consent of the learned counsel for the parties, the petition has been finally heard at this stage itself.

(2.) BY way of this writ petition, the petitioners have questioned the proceedings sought to be adopted by the respondent-State while treating them as trespassers over the land in question.

(3.) IT is contended that the ceiling case in relation to the assessee Narendra Singh having been decided under the old ceiling law (i.e., the provisions contained in Chapter III-B of the Rajasthan Tenancy Act, 1955) and so also under the new ceiling law (i.e., the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973), as per the ratio of the decision in Smt. Pari Devi Vs. State of Rajasthan: 1984 RLR 931, the proceedings could not have been re-opened under the old ceiling law. With these submissions, the petitioners seek to question the alleged re-opened proceedings in relation to their predecessor under Section 15 (2) of the Act of 1973 and the orders passed thereupon.