PRITHVI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN all these eight writ petitions, common question of fact and law are involved and therefore, they are being disposed by this common order.

(2.) SO far as the facts in S. B. Civil Writ Petition No. 1274/75, Prithvi Singh Vs. The State of Rajasthan are concerned, they are as under:

(3.) IN reply to the argument of Mr. Garg and Mr. Mehrish, Mr. M. I. Khan on behalf of the respondents contended firstly that under the New Act ceiling area will have to be determined under the Old Act if not already determined under the Old Act. Secondly, it was argued that if needed, ceiling area can be determined under the New Act also. It is again argued that the respondents are at liberty to proceed with the notice under the Old Law as well as under the New Act simultaneously. IN elaborating the point, Mr. Khan contended that cases pending under the Old Law but not disposed of, the Old Law will apply. He further contended that cases though covered by the Old Ceiling Law but no proceedings commenced when the New Act came into force, proceeding can be initiated and order made in accordance with the Old Law. Lastly, it was argued that both the Acts, Old and New, may act in the same field for different times and they are not affecting each other inasmuch as the object of the Old Act was to determine ceiling area as on April 1, 1966 whereas the object of the New Act was to determine ceiling area as on January 1, 1973 and as the New Act defines 'ceiling area' it is argued that those who retain land on April 1, 1966 will still be reduced under the New Act. These are in fact the arguments advanced by Mr. Khan appearing for the respondents.