HARI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition is directed against the order dated March 23, 1979 passed by the Deputy Secretary Revenue (Ceiling) under Section 15(2) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1979 (for short 'the Act').

(2.) THE petitioner's ceiling case was dropped by the Sub -Divisional Officer (Ceiling), Sri karanpur on April 3, 1972 against which, the State Government went in appeal and the case was remanded. After the remand of the case, on December 9, 1977 the Sub Divisional Officer again found that the land held by the petitioner is below the ceiling limit, so the proceedings were dropped. The petitioners ceiling case was again decided by the Authorised Officer under the Act. He again dropped the proceedings by his order dated May 16, 1975.

(3.) ON April 1, 1966, the petitioner Hariram had four adult sons namely Manirum, Dayaram, Dhanraj and Anand Swroop. A decree for partition was passed on October 6, 1969 by the Sub -Divisional Officer, Karan pur in suit No. 71 of 1969. The land was also mutated in accordance with their respective shares under the partition -decree. The petitioner's ceiling case was re -opened by the Deputy Secretary under Section 15(2) of the Act One of the reason assigned by the Deputy Secretary for re -opening of the case, is that an enquiry should have been conducted with regard to the number of the members in the petitioner's family in accordance with the definition of the family given under Section 30 -B(a).