INDER KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) This appeal is directed against the order of the learned Single Judge dated 3.2.1997, by which the writ petition filed by the appellantpetitioner has been dismissed.

(3.) The brief facts necessary for the present purposes are that in the instant case, the Ceiling proceedings against Smt. Inder Kanwar under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (for short 'the Act of 1973') were initiated and dropped by holding that she did not possess any surplus land. Thereafter, resorting to Section 15(1) of the Act of 1973, the Ceiling proceedings in the case of appellant-petitioner were reopened. There was no dispute about holding of the land by Smt. Inder Kanwar Wd/o Shri Mangal Singh that she held 169 Bigha 14 Biswa as on 25.2.1970. Two fold contentions were raised before the Additional Collector (Ceiling) that the petitioner was entitled to a separate unit for her elder son Govind Singh and the land to the extent Govind Singh is entitled to under ceiling limit should be allowed to be retained as separate unit. The second contention was about recognition of transfer made after 22.5.1970, but before the commencement of the Act of 1973. The transfer in dispute is of 67 Bighas 3 Biswa to Sugan Singh and Manohar Singh on 6.5.1972 for a sum of Rs.5000/-.