SAJJANSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition filed under Article 226 of the Constitution of India, the petitioner, Sajjansingh, who is an Ex -Jagirdar of Jagir Bagri. has challenged the order dated 5th July, 1978, passed by the Government of Rajasthan, whereby, in exercise of the powers conferred on it tinder Section 15(2) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (hereinafter referred to as the 'Ceiling Act'), the State Government directed the Additional Collector, Pali, to reopen the case relating to determination of the surplus land in excess of the ceiling area held by the petitioner and to redetermine the said matter

(2.) THE facts, briefly stated, are that after the resumption of the jagir of the petition in the year 1954, the petitioner, his son Bhawani Singh and his daughter Rajerdra Kumari were holding certain lands in their own names. By the Rajasthan Tenancy (Amendment) Act, 1960, the Rajasthan Tenancy Act, 1955, hereinafter referred to as the 'Tenancy Act') was amended and Chapter III -B (Section 30 B to 30 -J) was inserted in the Tenancy Act whereby provision was made for the imposition of ceiling on agricultural holdings in Rajasthan and for acquisition by the State of land in excess of the ceiling area Proceedings were initiated under the provisions contained in Chapter III B of the Tenancy Act for determination whether the petitioner held any land in excess of the ceiling area and the Sub -Divisional Officer, Sojat, by his order dated 18th January, 1973 held that the petitioner did not have land in excess of the ceiling area with him. Shortly thereafter the State Legislature enacted the Ceiling Act, which, after receiving the assent of the President, was published in the Rajasthan Gazette dated 29th March, 1973 The Ceiling Act was brought into force with effect from 1st January, 1973 Section 4 of the Ceiling Act prescribes the ceiling area and Section 6 contains the provision with regard to non -recognition of certain transfers. Section 15 confer a power on the State Government to reopen decided cases. Sub -section (1) of Section 15 deals with orders passed in matters arising under the Ceiling Act, whereas Sub -section (2) of Section 15 deals with orders in matters arising under Chapter III -B of the Tenancy Act. Section 15 (2) of the Ceiling Act, as originally enacted in 1973 empowered the State Govt. to direct the reopening of a decided case within a period of three years of the commencement of the Ceiling Act, if the State Government was satisfied that the Ceiling area as fixed under the said order had been determined in contravention of the provisions of Chapter III -B of the Tenancy Act. Section 40 of the Act which provides for repeal, lays down that the provisions contained in Chapter III -B of the Tenancy Act shall stand repealed on the date on which the Ceiling Act comes into force in that area, except as provided in Second proviso to Sub -section (1) of Section 4 and Sub -section (2) of Section 15. By the Rajasthan imposition of Ceilings on Agricultural Holdings Amendment) Act, 1976, (hereinafter referred to as the 1976 Act), published in the Rajasthan Gazette dated 5th February, 1976, Section 15 was substituted and in Section 15 (2) it was provided that the power to direct the reopening of decided cases could be exercised within a period of 5 years of the commencement of the Ceiling Act. The grounds on which a decided case could be reopened were also changed and it was provided that an older directing the reopening of a case could be passed by the State Government where it was satisfied hat any final order passed in any matter arising under the provisions of Chapter III,B of the Tenancy Act is in contravention of the said provisions and that the said order is prejudicial to the State Government or that on account of the discovery of new and important matter or evidence which has since come to the notice of the State Government such order is required to be reopened. The 1976 Act did not receive the assent of the President of Section 15 of the Ceiling Act was again, amended by the Raj Imposition of Ceiling on Agricultural Holdings (Amendment) Act, 1978, (hereinafter referred to as the 1978 Act; whereby Section 15 was again, substituted As a result of the aforesaid amendment, the time limit of five year's contained in Section 15 (2) for reopening of decided cases was Withdrawn and, instead thereof it was provided that no order reopening a case shall be parsed unless a notice to show cause against the proposed action has been served upon the person concerned and further that no notice for reopening of a case shall be issued after the expiry of Six years on from the commencement of the Act. The 1978 Act also did not receive the assent of the President.

(3.) IN the writ petition, the petitioner has challenged the validity of Section 15 (2) of the Ceiling Act as substituted by the 1978 Act, and has also challenged the order dated 5th July, 1978 on the ground that the said order has not been passed in accordance with the provisions of Section 15 (2) of the Ceiling Act as amended by the 1978 Act.