MST. CHUNNI Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This special appeal is directed against order dated 4.2.1998 passed by the learned Single Judge of this Court, whereby the writ petition preferred by the appellant assailing the validity of order dated 6.4.1985 passed by the Additional Collector, Jodhpur and order dated 5.7.1991 passed by the Board of Revenue, Rajasthan, Ajmer, stands dismissed.

(2.) The ceiling proceedings were initiated against the respondent No.4 Shri Arjun Ram in the year 1975 under the Rajasthan Imposition of Ceiling on Agricultural Holding Act, 1973 (in short "the Act of 1973" hereinafter). The respondent No.4 submitted his return and also filed an affidavit stating therein that the land ad measuring 22 bighas 10 biswas has been given in partition to his mother, the appellant herein, on 22.12.1972. The Authorised Officer being satisfied with the return filed on behalf of the respondent No.4 dropped the ceiling proceedings.

(3.) However, the ceiling proceedings were reopened by the State Government under Section 15(2) of the Act of 1973 on 29.8.1980 and the matter was referred to the Additional Collector, Jodhpur to decide it afresh. After due consideration, the Additional Collector, Jodhpur found that the respondent No.4 is in possession of 17.15 bighas more land than permitted under the Ceiling Laws. Accordingly, by order dated 6.4.1985, the land measuring 17.15 bighas comprising Khasra No.696 in the Village Aasop held by the respondent No.4 was ordered to be acquired under the Ceiling Law. An appeal preferred by the appellant against the aforesaid order dated 6.4.1985 was dismissed by the Board of Revenue, Rajasthan vide order dated 5.7.1991. The writ petition preferred by the appellant assailing the aforesaid orders has also been dismissed by the learned Single Judge by the order under appeal.