1. - This writ petition filed under Article 226 of the Constitution of India has been directed against the judgment dated 4.9.1980 and order dated 27.1.1981 passed by the learned Member of the Board of Revenue for Rajasthan, whereby, he dismissed the reference submitted by the Additional Collector (Vigilance), Sri Ganganagar, under Section 232 of the Rajasthan Tenancy Act, 1955 (in short the Act) and rejected the review petition filed on behalf of the State.

2. Succinctly stated the facts necessary for the disposal of this writ petition are that the Sub Divisional Officer (Ceiling), Sri Karanpur assessed the agricultural land held by the assessee under the old Ceiling Act and by his order dated 31.5.1971 recognised a transfer of 19 bighas & 16 biswas of land made by the assessee by way of sale and held that the assessee was in possession of 4 bighas & 7 biswas of land in excess of the ceiling limit. He further held that the said surplus land being a fragment could not be acquired. He, therefore, dropped the proceedings against the assessee. The State Government did not file any appeal against the said order. In the mean while Chapter 3-B of the Act pertaining to old Ceiling