A reference to reopen a case under the old Ceiling Act is barred by limitation under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973, and cannot be decided under Section 232 of the Rajasthan Tenancy Act, 1955.

Headnote:
CEILING ON AGRICULTURAL HOLDINGS - RAJASTHAN IMPOSITION OF CEILING ON AGRICULTURAL HOLDINGS ACT, 1973 - SECTION 15(2) - LIMITATION FOR REOPENING REFERENCE - REFERENCE MADE UNDER OLD CEILING LAW BARRED BY LIMITATION - CANNOT BE DECIDED UNDER SECTION 232 OF RAJASTHAN TENANCY ACT, 1955.
Fact of the Case:

Petitioner, a former Jagirdar, challenged the order of the Board of Revenue quashing the order of the Revenue Appellate Authority, which had allowed him to retain 150 acres of land under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Act of 1973). The reference to reopen the case under the old Ceiling Act was made in 1972, but the Board's order was passed in 1975, after the Act of 1973 came into force. The petitioner argued that the reference was barred by limitation under the Act of 1973 and could not be decided under the old law.
Finding of the Court:

The court held that the reference to reopen the case under the old Ceiling Act was barred by limitation under the Act of 1973. The limitation period of seven years from the date of the final order sought to be reopened had expired on 30th June 1979. The reference could not be decided under Section 232 of the Rajasthan Tenancy Act, 1955, as the provisions of that section were not attracted to the case.
Issues: 1. Whether the reference to reopen the case under the old Ceiling Act was barred by limitation under the Act of 1973? 2. Whether the reference could be decided under Section 232 of the Rajasthan Tenancy Act, 1955?
Ratio Decidendi: 1. The court interpreted the second proviso to sub-section (2) of Section 15 of the Act of 1973, which provides a limitation of seven years from the date of the final order sought to be reopened after the expiry of 30th day of June, 1979, whichever is later. The court held that the reference was barred by limitation as it was made more than seven years after the final order was passed. 2. The court held that the provisions of Section 232 of the Rajasthan Tenancy Act, 1955, were not attracted to the case as the reference was made under the old Ceiling Act and was pending when the Act of 1973 came into force.
Final Decision: The court allowed the writ petition and quashed the orders of the Assistant Collector, Revenue Appellate Authority, and the Board of Revenue. The petitioner was allowed to retain the land as per the order of the Revenue Appellate Authority.

JUDGMENT

1. - Heard learned counsel for the parties at length.

2. The case of the petitioner in short is that he is a former Jagirdar of village Odhanda, Tehsil Hindoli, District Bundi and the said Jagir was granted to his ancestors by a former ruler of the erstwhile State of Bundi, Maharao Rajasthan Shri Bishan Singh Ji comprising 8349 Bigha and 3 biswa of land in the year 1861 as per patta issued in this regard (Ann.1)

3. The Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (for short the Jagir Act 1952), came into force with effect from 18th day of February, 1952.

4. It has been contended by the learned counsel that before the introduction of the aforesaid Act in State of Rajasthan, the petitioner was holding 1007 bigha 4 biswa of land in village Odhanda as Khudkast land and as such the petitioner acquired khatedari rights over the same under section 10 of the Jagir Resumption Act. Thereafter he continued in possession over the aforesaid land as Karta Khandan and Manager of the Joint Hindu Family.

5. Thereafter, in exercise of powers conferred u/s.257 of the Rajasthan Tenancy Act 1955 (Act No. III of 1955), the State Government made the Rajasthan Tenancy (Fixation of Ceiling of Land) (Government) Rules, 1963 by publishing the same in the Rajasthan Gazette on 26.11.1963 vide Notification No. 6(126) Rev.B/60/(ii).

6. Under rule 9 of the Ceiling Rules of 1963 every tenant who was on 25th February, 1958 or 9th December, 1959 or 15th December, 1965 or who was on the 1st of April, 1966 in possession of the land in excess of the ceiling area applicable to him, was required within six months from 1st of April, 1966 to furnish to the Sub Divisional Officer of the Sub Division in which his holdings or any part thereof was situated by filing a declaration of his holdings and particulars of his family in the form Ceiling-N, pursuant to which the petitioner furnished the said details as under:

1. Land which stood in the khatedari of the petitioner as karta Khandan and manager of the joint Hindu Family in village Odhanda, Tehsil Hondoli. =851 bigha 7 biswa

2. Lands which stood in the khatedari of petitioner's sons Gajendra Singh and Rajendra Singh in village Odhanda Tehsil Hindoli =101 bigha 4 biswa

3. Lands which stood in the khatedari of petitioner's son Brij Raj Singh son of Shri Hari Singh in village Odhanda Tehsil, ⅓rd share of 165 bigha 14 biswa =55 bigha 4 biswa i.e. total 1007 bigha 4 biswa of land

7. The petitioner submitted his declaration under Rule 9 of the Old Ceiling Rules on 22.7.1970 in the office of the SDO, Nainwa, wherein he has stated the names of atleast 10 persons in whose favour the petitioner had transferred 246 bigha 15 biswa of land out of 851 bigha 7 biswa situated in village Odhanda during the year 1956 and who were landless agriculturists by vocation. He (the petitioner) also stated in the above declaration the names of his co-sharers. The total number of his family was given as 7 including himself. After receiving the report of the Tehsildar, the SDO Nainwa issued notice under Rule 14 of the Old Ceiling Rules to the petitioner and vide his order dated 12.1.1971 dropped the ceiling proceedings under the Old Ceiling law against the petitioner. While dropping the proceedings the SDO, Nainwa recognised the transfers made by the petitioner in favour of 10 persons as aforesaid.

8. Thereafter in accordance with the family arrangement made by the petitioner for apportionment of land in favour of his family members in the year 1969, 851 bigha 7 biswa of land which stood in the khatedari of the petitioner was divided amongst the various co-sharers. The SDO, Nainwa vide his decree dated 14.4.1971 accepted the arrangement as under:

			Bigha/biswa
1.	Land of petitioner Hari Singh's share	:	293/1
2.	Land of Petitioner's son Brij Raj Singh's share	:	75/4
3.	Land of Gajendra Singh and Rajendra Singh's share	:	67/15
4.	Land of petitioner's brother Pratap Singh's share	:	35/14
5.	Land of petitioner's counsin Fateh Singh's share	:

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1999 Supreme(Raj) 1337

RAJASTHAN HIGH COURT AT JAIPUR BENCHArun Madan, J.Hari Singh - AppellantVersusState of Rajasthan & Ors. - RespondentS.B. Civil Writ Petition No. 2071 of 1996.Decided On : 23-08-1999

A reference to reopen a case under the old Ceiling Act is barred by limitation under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973, and cannot be decided under Section 232 of the Rajasthan Tenancy Act, 1955.

Cases Referred (3)

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Arun Madan, J.
Hari Singh - Appellant
Versus
State of Rajasthan & Ors. - Respondent
S.B. Civil Writ Petition No. 2071 of 1996.
Decided On : 23-08-1999