JUDGMENT

Pinaki Chandra Ghose, J.

1. This appeal is directed against an order passed by the High Court of Judicature for Rajasthan at Jodhpur, dismissing the writ petition filed by the appellants/writ-petitioners with liberty to the writ-petitioners to raise the defence before the Collector which was available to them.

2. The issue raised before the High Court on the question is whether in view of the provisions of Section 15(2) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (hereinafter referred to as ‘the Act of 1973’), the Collector has any jurisdiction to initiate any proceedings for making reference to the Board of Revenue in respect of an order passed on June 30, 1970 for determining the ceiling area of the land that could be held by the petitioners (appellants) under Chapter III-B of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as ‘the Act of 1955’). The facts of the case, in brief, which are necessary for deciding the question are that Chapter III-B of the Act of 1955 was introduced by Section 3 of the Rajasthan Tenancy (Amendment) Act, 1980 published in the Rajasthan Gazette Extraordinary, Part IV-A dated 21.3.1960 vide Notification No.