HARDAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition is directed against the order dated April 4, 1980 (Ex. 2) passed by the Deputy Secretary Revenue (ceiling), whereby, the petitioner's case was ordered to be reopened under section 15 (1) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (for short 'the Act').

(2.) THE Authorised Officer decided the petitioner's ceiling case by his order dated May 31, 1975 (Ex. 1). THE petitioner was having 46 Bighas 18 Biswas Nehari land and 13 Bighas 10 Biswas Barani land, total 60 Bighas 8 Biswas. Considering the different intensity of irrigation, the Authorised Officer determined the total irrigated land of the petitioner to be 38 Bighas, and 2 Bighas and 14 Biswas as dry land and in this manner the petitioner was having 40 Bighas 14 Biswas, whereas, his ceiling area comes to 43 Bighas 4 Biswas. As the petitioner was having the land within the ceiling area, he dropped the proceedings. THE Deputy Secretary, in his impugned order considering the provision contained in the second proviso to sub-sec. (1) of Section 4 of the Act expressed that under the old Ceiling Law, the petitioner can hold 46 Bighas 18 Biswas land and also stated that under the new Ceiling Law as well the petitioner can hold so much of land under the above proviso. So, the balance of the land becomes resumable. He also expressed that the Authorised Officer considered the intensity of irrigation on the basis of designed capacity whereas, actual intensity of the irrigation should have been considered.