STATE OF RAJASTHAN Vs. JABBAR SINGH

JUDGEMENT

(1.) ALL these appeals arise out of the common order dated 10.07.1979 passed by learned Single Judge of this Court in S.B. Civil Writ Petition Nos. 2685/87, 2801/87, 2848/87, 1861/89 and 4159/89, by which the learned Single Judge, following the decision in the case of Pari Devi v. State of Rajasthan 1984 RLW 75 allowed all the five petitions and quashed the impugned orders of reopening ceiling proceedings.

(2.) BRIEF facts, giving rise to these present four appeals, are that in D.B. Civil Special Appeal No. 907/97, SDO Sojat dropped proceedings under old ceiling law by order dated 30.10.1975 and the Deputy Secretary (Revenue) by order dated 07.07.1978 ordered for reopening the case; in D.B. Civil Special Appeal No. 908/97, SDO Pali, vide its order dated 20.06.1972, dropped the proceedings initiated under old ceiling law and proceedings were dropped under new ceiling law vide order dated 23.08.1975 but the Deputy Secretary, Revenue (Ceiling) vide order dated 6.11.1978 reopened the ceiling proceedings; in D.B. Civil Special Appeal No. 915/97, SDO Sojat, vide order dated 28.10.1975 dropped the proceedings initiated under old ceiling law but vide order dated 20.11.1975 ordered to acquire some surplus land under new ceiling law and the Deputy Secretary, Revenue vide order dated 01.04.1981 directed to open the proceedings; and in D.B. Civil Special Appeal No. 8/98, SDO Bali, vide order dated 30.10.1975 acquired some land under old ceiling law but that order was set aside by RAA, Jodhpur vide order dated 05.04.1976. Thereafter, SDO Bali again initiated proceedings under new ceiling law and vide order dated 29.09.1975 dropped proceedings but Deputy Secretary, Revenue (Ceiling) vide order dated 20.02.1981 directed to reopen ceiling proceedings.

(3.) AT this juncture, it is appropriate to make reference to the provisions of Sub -sections (1) & (2) of Section 15 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (for short, hereinafter referred to as 'the Act of 1973'), which read as under: