DATTAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this appeal the appellant has challenged the judgment and order dated 15.03.2007, whereby the learned Single Judge has dismissed the petition preferred by the petitioner confirming the order of Board of Revenue, RAA and the Original Authority under the Ceiling Act.

(2.) The facts of the case are that initially ceiling proceedings were dropped by the SDO concerned on 31.12.1970, However, the same were re-opened vide order dated 06.07.1978 on the ground that earlier the SDO concerned had not enquired about number of family members as also actual measurement of the land possessed by the petitioners on the cut off date i.e. 01.04.1966. After hearing both the parties the Additional Collector on the basis of material available on record held that the petitioner were having 70.80 Acres of land as on 01.04.1966. Since under the Ceiling law they were not entitled to retain more than 35 standard acres of land, the remaining 35 standard acres of land was ordered to acquired vide order dated 30.11.1987. The above order passed by the Additional Collector further came to be affirmed by the Board of Revenue vide order dated 29.05.1989.

(3.) Taking into consideration total number of family members and the land possessed by the petitioner, the authority has passed the order that the excess land is 70 Acres and since under the Ceiling Act 35 Acres was standard acres which is entitled to be retained. In that view of the matter, 35 Acres of land was ordered to be excess land and acquired by order dated 30.11.1987. The above order came to be challenged before the Board of Revenue and the Board of Revenue after considering the same has also confirmed the order of the lower authority. The learned Single Judge, has also upheld the same.