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1990 Supreme(Raj) 119

M.C.JAIN, R.S.VERMA
Mohan Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Appearance :
N.L. Purohit, Advocate, for the Appellant
Rajendra Vyas, Addl. Govt. Advocate, for the Respondents

Judgment

M.C. Jain, J.-By this writ petition, petitioner seeks to quash the notice Exhibit 2 dated 29-6-79 Under Section 15(2) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973. The petitioner’s case is that proceedings under the old ceiling law could be reopened by issuance of notice up to 30-6-79, in the present case, according to the petitioner, notice was not issued up to 3 0-6-79. It was issued on 4-7-79. Although the notice itself bears the date 29-6-79. By this notice Exhibit 2, the petitioner was required to appear on 28-9-79. The contention of the petitioner is that mere signing of the notice is not sufficient. Actual issuance of notice is necessary up to the date specified in Section 15(2) of the Act and the specified date is 30-6-79 for issuance of notice. The petitioner clearly averred the fact of the date of issue of notice as 4-7-79. There appears an endorsement to that effect on the notice itself

2. Despite notice, no counter to the writ petition has been filed. There is no reason to disbelieve the fact averred by the petitioner is this regard and we take it that the notice was actually issued on 4-7-79 though it was prepared and signed on 29-




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