STATE Vs. DHANNI

JUDGEMENT

(1.) This writ petition has been filed by State of Rajasthan against the judgement of the Board of Revenue dated 10-4-1980.

(2.) The facts briefly stated are that the Sub-Divisional Officer, Ganganagar dropped the proceedings of calculating the surplus land on 25-8-1975 finding that Ganga Ram had 74 bighas of nehri land in his possession which was within the ceiling limit. On amendment being made, an order was passed by the State Government on 7-11-1977 stating that as it was not clear whether Subhash was actually an adopted son of Ganga Ram and whether he was major on 1-1-1973. For this purpose proceedings were reopen and the case was heard by the Additional Collector, Ganganagar. He came to the conclusion, after examining the evidence, that Subhash was not the adopted son of Ganga Ram and that the lqtter would have to surrender 27 bighas 12 biswas of land being surplus with him.

(3.) Aggrieved with the said order, an, appeal was filed before the Board of Revenue by Ganga Ram. The appeal was dismissed on 8-2-80. Thereafter, Ganga Ram moved an application for review under Section 86 of the Land Revenue Act. The ground taken in the review application was that Subhash was, in fact an adopted son and the finding recorded by the Board of Revenue was vitiated by misreading the evidence led by the parties. Ganga Ram also moved an application under O. 41, R. 27 of the Code of Civil Procedure and adduced fresh evidence before the Board. The Board of Revenue, after considering the evidence, filed before it by means of the application aforesaid, reversed its earlier judgement dated 8-2-80 and allowed the review application holding that Subhash was adopt-ed son of Ganga Ram. As a result of this finding the Board held that no land was liable to be declared surplus.