RAO JAGANNATH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This special appeal is directed against order dt. 18.01.1999 passed by the learned Single Judge of this Court whereby the writ petition preferred by the appellant against order dt. 03.06.1987 passed by the District Collector, Chittorgarh, has been dismissed. By the said order dt. 03.06.1987, the District Collector has refused to accept the option given by the appellant to surrender the lands held by him in excess of the ceiling area on the ground that the lands offered for surrender were not unencumbered and accordingly, the appellant has been directed to first surrender the lands in his possession which are unencumbered.

(2.) The ceiling proceedings were commenced against the appellant under Chapter III B of the Rajasthan Tenancy Act, 1955 by the Sub Divisional Officer, Begu (in short 'the SDO'). Pursuant to the notice issued by the SDO the appellant filed his return on 30.04.1964. The SDO determined the surplus lands held by the appellant as 55.4 standard acres and accordingly, the lands were acquired. However, the ceiling proceedings against the appellant were reopened by the State Government under Section 15(2) of the Rajasthan Imposition of Ceiling on Agriculture Holdings Act, 1973 (in short "the Act of 1973" hereinafter) and the Additional Collector, Chittorgarh was authorised to reopen the proceedings and reassess the ceiling area.

(3.) The Additional Collector I, Chittorgarh vide order dt. 18.02.1987 determined the surplus area of the land with the appellant as 210.30 standard acres. After adjusting the surplus lands measuring 55.49 standard acres already acquired from the appellant pursuant to order dt. 31.07.1971, the remaining surplus lands with the appellant were determined as 154.81 standard acres and accordingly, the appellant was directed to surrender the lands held by him in excess of the ceiling area. It was further ordered that the appellant may exercise his option to surrender the lands within a period of fifteen days, failing which the unencumbered khatedari lands of the appellant measuring 154.81 acres shall be taken possession of.