KALYAN Vs. THE STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The Dy. Secretary, Revenue Ceiling Department, Jaipur vide his order dated June 30, 1987 issued direction to Additional Collector (Admn.), Bundi to reopen ceiling case of the appellant which was decided by the Board of Revenue, Rajasthan, Ajmer vide judgment dated July 14, 1976 under the Old Ceiling Law. In pursuance to the said order, the appellant appeared before the Addl. Collector (Admn.) Bundi, who after examining the material placed before him rendered the order dated June 4, 1994 deciding the matter against the appellant. The Board of Revenue vide order dated March 1, 1995 confirmed the findings of Addl. Collector (Admn.) Bundi. The appellant assailed the afore -quoted orders by filing writ petition before the learned Single Judge who vide order dated April 25, 1997 dismissed the writ petition. Hence this appeal. We have heard the submissions advanced before us by the learned counsel for the parties and weighed the material on record.

(2.) In exercise of the powers conferred by sub -section (1) of Sec. 30E of the Rajasthan Tenancy Act, 1955 the State Government by notification dated February 11, 1966 notified the first day of April, 1966 as the appointed date for the purpose of the said Sec. in respect of all areas other than the area covered by the Rajasthan Canal project. Every land -holder and tenant in such areas who was on February 25, 1958 or on December 9, 1959 or on December 15, 1966 in possession of land in excess of the ceiling areas applicable to him was required within six months from April 1, 1966 to furnish to the Sub Divisional Officer of the Sub Division in which his holding or any part thereof was situated, a declaration of his holding and particulars of his family in accordance with Rule 9 of the Old Ceiling Rules.

(3.) It is the case of the appellant that on coming into force of the Old Ceiling Law since the land in question stood in the khatedari of the appellant, the appellant submitted his declaration under Rule 9 of the Old Ceiling Rules before the Sub Divisional Officer, Bundi, who got the same checked by the Tehsil Authorities. In the said declaration the appellant described his brothers Ram Niwas, Gauri Shanker and Babu, sons of Moti Meena as his co -sharers in the above lands. After hearing both the parties the Sub Divisional Officer, Bundi declared 39.5 standard acres of land as surplus wrongly taking the above lands to be of the sole khatedari of the appellant. After dissatisfied with the said judgment of the Sub Divisional Officer, the appellant filed an appeal in the Court of the Revenue Appellate Authority, Kota, who vide judgment dated March 3, 1976 dismissed the same. The judgments of the Sub Divisional Officer and Revenue Appellate Authority, were however set aside by the Board of Revenue on July 14, 1976 and it was held that the lands of Smt. Kesar had been held by all the four brothers including the appellant in common since 1946 and they could not be assessed as the exclusive holding of the appellant and no lands held by the appellant were liable to be acquired.