MEETHYA Vs. STATE OF RAJSTHAN

JUDGEMENT

(1.) These two appeal arise out of order dtd. 2/6/2000 passed by the learned Single Judge whereby, the writ petition filed by the writ petitioner-Meethya has been partly allowed, holding that a further extent of land of 30 standard acres is found to be within the limits to which the agriculture land could be held by the holders.

(2.) The facts as a revealed from the records of the cases and the orders impugned before us as also from the orders passed by the Revenue Authorities are that ceiling proceedings were initiated against the khatedar/writ-petitioner-Meethya under the ceiling laws applicable in force in the State of Rajasthan under the scheme of Rajasthan Tenancy Act, 1955 (for short, 'the Act of 1955'). After completing the proceedings, the competent authority brought the proceedings to end vide order dtd. 17/11/1971.

(3.) Later on, however, the State Government was satisfied that the order passed earlier was in contravention of the law which was in force at the time when the order was passed and therefore, on 1/5/1981, the State directed the Revenue Authority to reopen the case which led to reopening and passing of an order by the Additional Collector, Sawaimadhopur on 6/11/1981. By this order, the Additional Collector, held that out of 92.87 standard acres of land recorded in the name of the holder-Meethya, 62.87 standard acres is declared excess and an order of vesting was passed. This order was challenged, though unsuccessfully, by the holder before the Board of Revenue. Vider order dtd. 18/1/1985, the Board of Revenue dismissed the appeal. This led to filing of the writ petition before this Court. The said writ petition came to be partly allowed by learned Single Judge by the order which is impugned in this appeal.