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1981 Supreme(Raj) 503

D.P.GUPTA
Pala Singh – Appellant
Versus
The State Of Rajasthan – Respondent


JUDGMENT

1. - This writ petition was taken up for final hearing with the consent of the learnedcounsel for the parties.

2. The petitioner's contention in this case is that although the ceiling matter in respect of the petitioner's land was decided under the Rajasthan Imposition of Ceiling on Agricultural Moldings Act, 1973, by the Sub-Divisioinal Officer, Sri Karanpur, on 17.6.1980 but thereafter a notice was issued by the Sub-Divisional Officer (Revenue), Sri Karanpur, on 1.12.1980, under Chapter III-B of the Rajasthan Tenancy Act (hereinafter referred to as 'the Act'). It is contended that after the repeal of the provisions of Chapter III-B of the Act. a fresh notice could not be given under those provisions on 1.12.1980.

3. In Banshidhar v. State, AIR 1977 Rajasthan 46 it was held by this Court that the proceedings which are commenced under Chapter III-B of Rajasthan Tenancy Act for determination of the ceiling and surplus area of the land holder and were pending when the Act of 1973 came into force, which repealed Chapter III-B of the Tenancy Act, would be governed by the old law and should be determined under that law. Thus, all cases initiated under the old law and pending be




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