MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition the petitioner seeks to challenge the judgment dated 28.4.1983 (Annexure-1) in a ceiling proceedings passed by the Additional Collector (Revenue), Baran, judgment dated 28.12.1988 (Annexure-2) and the order dated 23.1.1989 (Annexure-3), passed in appeal and review petition respectively by the Board of Revenue, Rajasthan, Ajmer, whereby the order dated 28.4.1983 of the Additional Collector (Revenue), Baran was upheld.

(2.) Briefly stated the relevant facts of the case are that the present proceedings are arising out under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (herein after referred to as the New Ceiling Act, 1973'). The said proceedings were dropped against the petitioner by the ACM-cum-Authorised Officer, Baran vide his judgment dated 20.2.1976 and the same were ordered to be reopened by the State Government vide its order dated 11.2.1980/18.2.1980 under Section 15(1) of the New Ceiling Act, 1973 and a direction was issued to the Additional Collector (Revenue), Baran to decide the case under the New Ceiling Law, afresh. The Additional Collector (Revenue), Baran served a notice on the petitioner, who submitted his reply and after hearing both the parties, the Additional Collector (Revenue), Baran vide its judgment dated 28.4.1983, held that 213 bighas and 1 biswas of the land held by the petitioner was equivalent to 85.22 acres. Out of the land, 60 bighas and 10 biswas of the land equivalent to 24.20 acres of land was capable of growing two crops in a year and the remaining 152 bighas and 11 biswas of the land equivalent to 61.02 acres of land was also capable of growing two crops in a year. After converting the above land into the land capable of growing one crop in a year, the Additional Collector (Revenue), Baran came to the conclusion that in all the petitioner held 97.32 ordinary acres of land which is capable of growing one crop in a year. Since the petitioner was entitled to hold land for 3 units of himself and his two major sons, namely, Hari Om and Vishnu Kumar, the Additional Collector (Revenue), Baran came to the conclusion that the petitioner was entitled to retain 81 acres of land and 16.32 acres of land was declared surplus.

(3.) The Additional Collector (Revenue), Baran in the same proceedings also, reopened the case of the petitioner under the Old Ceiling Law also and decided the same. In appeal, filed by the petitioner, the Board of Revenue, Ajmer vide its judgment dated 28.12.1988, set-aside the part decision of the Old Ceiling Law and upheld the judgment so far as it relates to the New Ceiling Law, which is being impinged in this case, The petitioner filed a review petition without success.