GUMANI SHANKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The case of petitioner under section 15(2) of Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (for short 'New Ceiling Act') was admitted for reopening on April 3, 1980. Thereafter the order dated January 24, 1991, May 26, 1993 and October 13, 1993 were respectively passed by Deputy Secretary Revenue Ceiling Department Jaipur and Board of Revenue Ajmer. The petitioner in the instant writ petition seeks to quash the aforesaid orders.

(2.) Contextual facts depict that after chapter III-B of the Rajasthan Tenancy Act (herein after to be referred as 'Old Ceiling Law') came into force with effect from December 15, 1963 every land holder who was in possession of land in excess of ceiling area had to file a statement. The petitioner who was holding khatedari land measuring 276 bighas 19 biswas in village Chanawata and Naharia filed declaration under rule 9 of the Old Ceiling Law before the Sub Divisional Officer Ramganj Mandi. The Sub Divisional Officer Ramganj Mandi vide judgment dated July 15, 1975 held that since the petitioner was holding in his khatedari and possession 46.60 standards acres of land, he was entitled to retain 30 standard acres of land for a family of members and 16.60 standard acres land was liable to be acquired.

(3.) Thereafter in view of Section 15(2) of the New Ceiling Act, which came into force with effect from January 1, 1973, in the year 1979 the case of petitioner was reopened and the notice was issued on April 3, 1980 to petitioner requiring him to show cause on June 20, 1980 as to why the case decided on July 25, 1975 be not reopened.