RAM PRATAP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition raises an important question as to the applicability of Section 232 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as "the 1955 Act)" and Section 82 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as "the 1956 Act") to the ceiling proceedings under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (hereinafter referred to as "the 1973 Act").

(2.) A notice under Section 11 (1) of the Act was issued to the petitioner. Thereupon the petitioner submitted his return. The petitioner's ceiling case was then decided by the Authorised Officer by his order dated 28-4-1975 (Ex, 1) and it was found that there is no surplus land available with the petitioner. Thereafter, the Collector issued a show cause notice dated 17-3-1981 (Ex. 2) calling upon the petitioner as to why reference should not be made to the Board of Revenue under Section 232 of the Rajasthan Tenancy Act and under Section 82 of the 1956 Act, in view of the infirmities pointed out in the notice. The petitioner seeks to challenge the notice Ex. 2 on the ground that the Collector had no jurisdiction to issue notice Ex. 2 in view of the fact that the provisions contained in Section 232 of the 1955 Act and Section 82 of the 1956 Act are not in any way attracted to the proceedings under the 1973 Act, so the Collector had no authority to issue any show cause notice to the petitioner.

(3.) Return to the writ petition has not been filed despite lapse of sufficient time and the case was ultimately listed for hearing. Today a prayer is made by Mr. Balia, the learned Deputy Government Advocate for adjournment for filing the reply. As sufficient time has already been given and the same has not been availed, I do not think it just and proper to allow further time now to the respondents for filing reply to the writ petition. Besides that, the question involved in the present writ petition is a pure question of law and looking to it, the case was posted for hearing.