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1981 Supreme(Raj) 135

M.C.JAIN
SANWAL RAM AND ETC. – Appellant
Versus
ADDITIONAL DISTRICT MAGISTRATE, GANGANAGAR ETC. – Respondent


Advocates Appeared:
B.L.LODHA, B.L.Purohit, D.S.Shishodia, H.M.PARIKH, L.M.LODHA, M.L.Garg, NANDLAL, Rajesh Balia, S.N.Sharma

Judgment

( 1 ) A number of writ petitions have been filed challenging the validity of Section 15 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Act No. 11 of 1973) (hereinafter referred to as the Act ). Arguments hare been heard in the above two writ petitions. The above two writ petitions raise some common questions, so I think it convenient to dispose them of by this order.

( 2 ) IN S. B. Civil Writ Petition No. 481 of 1980 filed by Sanwalram, the Sub-Divisional Officer, Raisinghnagar by his order dated July 23, 1971 (Ex. 1) decided his ceiling case holding that he has no land in the excess of the ceiling area. The petitioner Sanwalrams case was decided under Chapter III-B of the Rajasthan Tenancy Act (hereinafter referred to as the old Ceiling Law) and the proceedings were also taken against the petitioner Sanwalram under the Act and the Authorised Officer (Ceiling) Raisinghnagar by his order, dated July 11, 1975 (Exhibit 2) dropped the proceedings of ceiling holding that the petitioner or his major son Indraj has no land in excess of the ceiling area. Sanwalrams case under the old Ceiling Law was reopened and the Deputy Secretary Revenue (Ceiling) by




























































































































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