SHANKER LAL Vs. AUTHORISED OFFICER

JUDGEMENT

(1.) THESE writ petitions are directed against the order of the Government dated October 13, 1978 passed by the Deputy Secretary to the Government of Rajasthan (Revenue Department), Jaipur under Section 15(1) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (for short 'the Act'), where by, the petitioners' ceiling cases were reopened on the ground that the orders of the Authorised Officer, Hanumangarh dated April 15, 1976, the Additional Collector, Sri Ganganagar dated June 26,1976 and of the Board of Revenue dated September 18, 1976 are not according to the provisions of the Act and are against the interest of the Government and there are mistakes apparent on the face of the record in the order of the Board of Revenue.

(2.) THESE writ petitions have come up on a reference made by the learned Single Judge as the question involved, are questions of great importance.

(3.) THE main ground of attack is that the order of the State Government is without jurisdiction in as much as there were no grounds for re -opening of the ceiling cases. According to the petitioners, the order of the Board of Revenue was reopened by the State Government on the ground that the Board of Revenue has committed some mistake or errors apparent on the face of the record. Under the third proviso to Sub -Section (2) of Section 15 of the Act, the final order passed by the Board of Revenue in the matter referred to in subsection (1) or in Sub -Section (2) can be directed to be re -opened and decided afresh if the State Government is satisfied that such order is required to be re -opened on account of the discovery of new and important matter or evidence, which has since come to its notice or due to some mistake or error apparent on the face of the record. The petitioners' case is that there are no mistakes or errors apparent on the face of the record. As such, the State Government has no jurisdiction to re -open the ceiling cases of the petitioners.