STATE OF RAJASTHAN Vs. MST. MALLI & ORS.

JUDGEMENT

(1.) This writ petition has been filed by the State aggrieved against the judgment dated 5/7/2002 passed by the Board of Revenue, whereby, the appeal filed by the respondent no.1 has been allowed and the order passed by the Addl. Collector (Administration), Hanumangarh dated 18/3/2000 has been set aside.

(2.) Proceedings under Chapter - III B of the Rajasthan Tenancy Act, 1955 (old ceiling law) being case No.647/71 were initiated against the respondent no.1 and by order dated 29/12/1971, the Assistant Collector, Hanumangarh came to the conclusion that the land held by the respondent no.1 was not affected by the ceiling law and consequently dropped the proceedings. Where after, it appears that after coming into force of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 ('the Act of 1973') another proceeding being Ceiling Case No.818/75 was initiated by the authorised officer against the respondent No.1 and by order dated 25/10/1975 the authorised officer came to the conclusion that the land held by the respondent no.1 was less than the ceiling limit and consequently again dropped the proceedings.

(3.) It appears that a notice under Sec. 15 (2) of the Act of 1973 dated 21/4/1979 was issued to the respondent no.1 seeking to reopen the ceiling proceedings, which culminated in the order passed on 29/12/1971 in case no. 647/71. After hearing the parties, the Deputy Secretary by his order dated 12/5/1982 ordered for referring the matter to the Additional Collector for proceedings. The Additional Collector by his order dated 18/3/2000, came to the conclusion that the adoption of Saheb Ram relied on by the respondent no.1 was of the year 1966 i.e. after the old ceiling law came into force and, therefore, the same was of no consequence and found that the respondent no.1 was holding 24.01 Bigha land in excess of the ceiling area and ordered for proceedings.