STATE OF RAJASTHAN Vs. SHYAM BEHARI

JUDGEMENT

(1.) UNDER the Land Holding and Excess of Ceiling Area Law, as prevailed before 1. 1. 73, on 13. 1. 66 the land holder, whose legal representatives are the writ petitioners, filed return. While that return was still pending before the Revenue Authorities, the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973, came into force with effect from 1. 1. 73 and under the new Act a notice dated 19. 4. 75 was issued to the legal representatives of the original land owner under Section 11 (1) of the Act and on the basis of that notice the legal representatives filed a return and that was succeeded by an order Annexure-3 dated 16. 4. 76.

(2.) THE land owners challenged the notice dated 19. 4. 1975 as also the order Annexure-3 dated 16. 4. 1976 passed pursuant to the notice on the ground that the Authorities are taking proceedings under the 1973 Act whereas by virtue of Section 15 (2) of the 1973 Act the proceedings had to be completed under the old Act as it prevailed before 1. 1. 73. Learned Single Judge found favour with the point and allowed the writ petition and quashed the notice of 19. 4. 75 as also the order Annexure-3 dated 16. 4. 76 with liberty to the Government to proceed in accordance with the old law on the basis of the returns filed by the predecessors in interest of the writ petitioners on 13. 1. 1966. This decision was rendered by the then Chief Justice on 16. 8. 1984. THE State filed the Special Appeal.