CHUNNI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner's case is that in the year 1975 a land ceiling case was registered against respondent No. 4 Arjun Ram, her son, under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 as in the revenue record the land was entered in the name of respondent No. 4 though the land was being held by them jointly. In that matter, respondent No. 4 submitted his return and pleaded that Khasra No. 696 measuring 22.10 bighas has been given to his mother in partition on 20-12-1972. The Assessing Authority was satisfied with the reply of respondent No. 4 and dropped the proceedings under the Act of 1973. However, the State Govt. reopened the ceiling cases on 29-8-1980 and the Addl. Collector, by his order dated 6-4-1985 held that the land measuring 17-15 bighas of Khasra No. 696 in Village Asopa was liable to be resumed under the ceiling law. This order was challenged by the petitioner before the Revenue Board in an appeal but the appeal was dismissed on 5-7-1991. It has been averred that the Addl. Collector and the Board of Revenue have committed serious illegality in not taking into consideration the relevant documents showing the partition of the land between the petitioner and respondent No. 4 and as the land was encumbered, it could not be resumed under the ceiling proceedings against respondent No. 4.

(2.) No written reply has been filed by the respondents.

(3.) Arguments of Mr. Beniwal, learned counsel for the petitioner, and Mr. Jakhar, learned Addl. Government Advocate, have been heard.