UDAI SINGH Vs. BOARD OF REVENUE AND ORS.

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner against the order dated 30.06.1992 passed by the Assessing Authority - District Collector, Barmer in the ceiling proceedings culminated under the provisions of Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (for short 'the Act of 1973' hereinafter) and the order dated 24.10.1994 passed by the Revenue Board in an appeal preferred against the order passed by the District Collector, Barmer. Brief facts of the case are that proceedings under the provisions of Chapter III -B of the Rajasthan Tenancy Act, 1955 (for short 'the Act of 1955' hereinafter) were initiated against the petitioner and the Assistant Collector, Barmer had dropped the proceedings vide order dated 17.09.1971, while holding that no surplus land was holding by the petitioner. The State Government, while exercising powers under Sec. 15(2) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Rules, 1973 (for short 'the Rules of 1973' hereinafter) had reopened the case, which came to be decided by the Collector, Barmer vide order dated 30.06.1992 (Annex. 1), wherein he had concluded that on 01.04.1966, the petitioner was holding 59 standard acres of the land, whereas he was entitled to hold 30 standard acres only and as such 29 standard acres of the land was surplus and the learned Collector had proceeded to declare 29 acres of land as surplus and also ordered for taking possession of the surplus land from the petitioner.

(2.) BEING aggrieved with the order dated 30.06.1992, an appeal was preferred before the Board of Revenue, however, the Board of Revenue vide its order dated 24.10.1994, has dismissed the appeal and affirmed the order dated 30.06.1992 passed by the Collector, Barmer.

(3.) THE learned counsel for the petitioner has placed reliance on the decisions of this Court in Jagannath v. The Sub -Divisional Officer, reported in, RLW 1985, 106; Ram Pratap & 3 Ors. v. State of Rajasthan & Ors., reported in, RRD 1989, 127; and in Kesri Lal & 3 Ors. v. State of Rajasthan & Ors., reported in : 1996(3) WLC (Raj.) 748 and prayed for quashing of the orders dated 30.06.1992 and 24.10.1994 passed by the Collector, Barmer and the Board of Revenue respectively.