RAM NARAIN Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal arise from order dated 10.03.2004 in S.B.Civil Writ Petition No. 3367/1989. The learned Single Judge declined interference with the order of the Board of Revenue dated 29.03.1989 holding that 8.22 Standard Acres of lands belonging to the appellant were amenable to land ceiling proceedings.

(2.) Learned counsel for the appellant submitted that earlier final orders were passed by the competent authority on 25.05.1972 under the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) holding that the appellant did not possess lands in excess of the ceiling area. The Deputy Secretary acting on behalf of the State Government reopened the proceedings under Section 15(2) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (hereinafter to be referred as the 'Act 11 of 1973') without notice to the appellant. The fact that the Additional Collector may have issued notice to the appellant is therefore inconsequential. If the order is bad from nativity any issue of notice by the Additional Collector will not cure the illegality. This objection was specifically taken before the Board of Revenue but was not decided. In the writ petition, this objection was again specifically reiterated in paragraph 9 and while dealing with it in paragraph 9 of the counter affidavit it was replied that it was not disputed.

(3.) The submission thus was that the order of the Deputy Secretary reopening the proceedings on 23.03.1981 was itself bad in law for non compliance with proviso to Section 15(2) of the Act of 1973. The fact that the Additional Collector pursuant to the same may have granted partial relief is irrelevant. Learned counsel further submitted that the Deputy Secretary himself noticed the illegality in reopening of the proceedings but took no corrective action.