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2016 Supreme(Raj) 111

SANGEET LODHA, KAILASH CHANDRA SHARMA
Gulab Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. J.L. Purohit, Mr. N.R. Budania
For the Respondents: Mr. Sudheer Sharma

JUDGMENT :

Sangeet Lodha, J.

1. This intra court appeal is directed against order dated 29.7.02 of the learned Single Judge of this court, whereby the writ petition preferred by the respondents no.7 to 10 herein, questioning the legality of proceedings initiated against them under Section 91 of Rajasthan Land Revenue Act, 1956 (for short “Act of 1956”) in respect of the agriculture land, Ad measuring 819.09 bighas, comprising khasra no. 1364, 38, 34 and 36, situated at village-Nimbasar, Tehsil-Shiv, District-Barmer and seeking directions to open mutation in respect of the said land in their name, has been allowed.

2. The relevant facts in nutshell are that the ceiling proceedings were initiated against Sagat Singh, Chandan Singh, Kanwraj Singh and Gemar Singh, under the Chapter III B of Rajasthan Tenancy Act, 1955 ('Old Ceiling Law'), who were joint khatedars of a chunk of land. The ceiling proceedings were concluded vide order dated 17.9.71, whereby 13¾ Standard Acre (S.A.) land was declared surplus and 133-3/4 S.A. land was given to the assesses being in the prescribed ceiling limit. On 22.2.83, the Government of Rajasthan directed to reopen the ceiling case against the assessees un














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