KEHAR SINGH Vs. STATE

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioners for issuing a writ of prohibition restraining the respondents from recovering the amount of Rs. 16,555.00on the basis of order dt. 28-2-1979 passed by the Tehsildar, Padampur (Annexure-4) which has been affirmed vide order dt. 22-4-1980 by the Revenue Appellate Authority (Annexure -5 to the writ petition).

(2.) Brief history of the facts to be noticed for the disposal of the instant writ petition is that on 27-8-1971 the Sub-Divisional Officer found that the petitioners had 72 bigha 9 biswa land in excess of the ceiling applicable to them and directed its resumption. According to the petitioners, the aforesaid order was passed without service of notice under R. 14 of the Ceiling Rules upon them and, therefore, it was an ex parte order. It is also alleged that the petitioners applied for setting aside the aforesaid ex parte order. The application of the petitioners was dismissed by the Sub-Divisional Officer vide his order dt. 25-1-1972.

(3.) Aggrieved against the order passed by the Sub-Divisional Officer on 25-1-1972, the petitioners filed an appeal before the Revenue Appellate Authority and a revision was also filed against the said order. The appeal filed by the petitioners against the order dt. 25-1-1972 came up for final hearing before the Revenue Appellate Authority on 9-2-1973 who after hearing the parties set aside the orders dt. 25-1-1972 and 27-8-1971 holding them to be without jurisdiction and remanded the case to the Sub-Divisional Officer for deciding the same on merits. It is brought to my notice that since the order passed by the Revenue Appellate Authority dt. 9-2-1973 was not brought to the notice of the Board of Revenue, therefore, in utter ignorance of the order passed by the Revenue Appellate Authority on 9-2-1973, the revision was dismissed by the Board of Revenue on 28-11-1974.