STATE OF RAJASTHAN Vs. SHYAMKAUR

JUDGEMENT

(1.) IN the instant case, initially proceedings were initiated under the Old Ceiling Act against one Sanyam Singh which was subsequently dropped after the trial on the ground that he had no excess land as per the order date 3.7.71. Under the New Ceiling Act also proceedings were initiated against him but they were also dropped. However, lateron, in exercise of powers under Section 15(2) of the New Ceiling Act the case was reopened under the Old Ceiling Act by an order dated 10.7.87. After a period of almost 7 years the Addl. Collector by his impugned order dated 18.4.95 (Annex. 1) held that Sanyam Singh had excess land of 16.3 bighas. That order was challenged by the L.Rs. of deceased Sanyam Singh, who died during the pendency of proceedings before the Addl. Collector, by way of appeal before the Board of Revenue, which was allowed on 27.3.98 (Annex.2). The same has been challenged in this petition by the petitioner -State of Rajasthan under Article 227 of the Constitution of India.

(2.) LEARNED Counsel Shri Tatia for the petitioner vehemently submitted that the Board of Revenue committed a grave error in allowing the appeal of the respondents. He submitted that the Addl. Collector has rightly considered the national share of the wife of the assessee in the ancestral property and divided the holding into four equal shares. However, the Board of Revenue committed an error in not considering the separate share of wife. Before appreciating the arguments advanced by the learned Counsel for the petitioner few facts are required to be stated, which are as under -

(3.) IN view of the above. I fully agree with the view taken by the Board of Revenue in coming to the conclusion that original assessee had no excess land.