STATE OF RAJASTHAN Vs. GAMER DAN

JUDGEMENT

(1.) ALL these petitions are disposed of by this common order as the impugned order in question challenged in these writ petitions is the same.

(2.) THE Authorised Officer (Sub -Divisional Officer), Banner, passed separate orders on 21.4.1975, 19.9.1975, 12.8.1975 and 29.5.1976 in four different ceiling cases No. 337 of 1970 State v. Ambadan, 1 of 1975 State v. Bachhibai 1322 of 1974 State v. Durgadan and 1323 of 1974 State v. Gamer Dan. Ambadan, Bachhibai, Durgadan and Gamer Dan were the members of one family. During the pendency of these ceiling proceedings, Ambadan died leaving behind his aforesaid legal heirs.

(3.) IN turn, the Addl. Collector made a joint reference before the Board of Revenue, Ajmer, for setting aside the aforesaid orders passed in aforesaid ceiling cases. The said reference came to be rejected by the Board of Revenue on 1.5.1991 on the ground that it was the consistent view of the Board of Revenue that reference cannot be made for cancellation of the orders passed by the Authorised Officer in the proceedings initiated under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 because the Authorised Officer was not subordinate to the Collector. Therefore, the reference made by the Collector was not competent.