HARISINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution, the petitioner, Harisingh, has challenged the order dated 19th June, 1976 passed by the Government of Rajasthan in exercise of the powers conferred on it by Section 15 (2) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (hereinafter referred to as the 'Ceiling Act').

(2.) THE petitioner holds certain lands in village Hariyadana, Tehsil Bilara, District Jodhpur Proceedings for determination of surpuls land in excess of the ceiling area were started against the petitioner by the Sub -Divisional Officer, Jodhpur under the provisions of Chapter III -B of the Rajasthan Tenancy Act, 1955. In the said proceedings, the Sub -Divisional Officer, Jodhpur, passed an order dated 8th June, 1971 whereby he held that the petitioner was not in possession of land in excess of the ceiling area applicable to village Hariyadana and the said proceedings were dropped. In 1973, the Ceiling Act was enacted and Section 15 (2) of the said Act, as originally enacted, provided for the reopening of orders passed in proceedings taken under Chapter III -B of the Rajasthan Tenancy Act within a period of three years from the commencement of the Ceiling Act and for redetermination of the surplus land in excess of the ceiling area in accordance with the provisions of Chapter (III -B of the Tenancy Act. The Ceiling Act was amended by the Rajasthan Imposition of Ceiling on Agricultural Holdings (Amendment) Act, 1976, Rajasthan Act No. 8 of 1976, whereby Section 15 (2) was substituted and the time limit of three years prescribed for re -opening of orders was raised to five years from the date of the commencement of the Ceiling Act and apart from the ground mentioned in Section 15 (2), as originally enacted, it was further provided that the order could be reopened also on account of the discovery of new and important matter or evidence which has since come to the notice of the State Govt.

(3.) IN the writ petition, the petitioner has challenged the validity of Rajasthan Act No. 8 of 1976 whereby Sub -section (2) of Section 15 of the Ceiling Act was substituted and the time limit of three years prescribed by the parent Act was raised to five years The grounds on which the validity of Rajasthan Act No. 8 of 1976 has been challenged by the learned Counsel for the petitioner are the same as those urged in Civil Writ Petition No. 570 of 1978 (Sojjan Singh v. The State of Rajasthan). All these contentions have been rejected by me in my Judgment in the said writ petition. For the same reasons, the challenge to the validity of Rajasthan Act No. 8 of 1976 fails in the present case.