S.B. Civil Writ Petition No. 932/2001. Case: Arjun Singh Vs Board of Revenue, Ajmer and Ors.. Rajasthan High Court
| Case Number | S.B. Civil Writ Petition No. 932/2001 |
| Counsel | For Appellant: J.L. Purohit, Sr. Advocate assisted by Ajay Purohit, Adv. and For Respondents: O.P. Boob, Govt. Counsel |
| Judges | Arun Bhansali, J. |
| Issue | Rajasthan Imposition of Ceiling On Agricultural Holding Act, 1973 - Sections 15(2), 15(4) |
| Judgement Date | February 24, 2015 |
| Court | Rajasthan High Court |
Order:
Arun Bhansali, J.
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This writ petition is directed against the order dated 29.11.2000 passed by the Board of Revenue ('the Board'), whereby the appeal filed by the petitioner against the order dated 05.04.1995 passed by the Additional Collector (Administration), Sriganganagar ('the Collector') has been rejected.
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The facts in brief may be noticed thus: the case of the petitioner was decided under Chapter - III B of the Rajasthan Tenancy Act, 1955 (old ceiling law) by order dated 18.05.1973 by the SDO, Raisinghnagar and it was held that he was in possession of 65 Bigha land in excess of ceiling limit. Whereafter, the order dated 18.05.1973 was reviewed by order dated 17.09.1973 and it was held that though the petitioner was in possession of 4 Bigha 16 Biswa excess land, but the same being fragment, he was entitled to retain the same.
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Whereafter under provisions of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 ('the Act of 1973'), the proceedings were initiated and by order dated 18.08.1987 passed by the Additional Collector, the petitioner was held to be holding 166 Bighas excess land. Feeling aggrieved, the petitioner filed an appeal before the Board, the Board by its order dated 08.07.1994 allowed the appeal and set aside the order passed by the Additional Collector.
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Whereafter, in the reopened proceedings under Section 15(2) of the Act of 1973 qua order dated 17.09.1973. By order dated 05.04.1995 the Collector came to the conclusion that the petitioner was in possession of 46 Bigha 6 Biswa of land in excess of ceiling area. The petitioner against approached the Board and the Board by its order dated 29.11.2000 (Annex.-7) dismissed the appeal filed by the petitioner.
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It is submitted by learned counsel for the petitioner that once the proceedings initiated under the Act of 1973 had already culminated by order dated 08.07.1994 passed by the Board in petitioner's favour, it was not open for the respondents to invoke the provisions of Section 15(2) of the Act of 1973 and, therefore, the Board fell in error in upholding the same.
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Reliance was place on a judgment of this Court in the case of Smt. Pari Devi v. State of Rajasthan: 1984 RLW 320 and full Bench judgment of this Court in Sahas Karan v. State of Rajasthan & Ors., S.B. Civil Writ Petition No. 2598/1989 decided on 18.04.2011.
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Vehemently opposing the submissions made by learned counsel for the petitioner, learned counsel for the respondents...
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