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2016 Supreme(Raj) 666

ARUN BHANSALI
State of Rajasthan – Appellant
Versus
Malli – Respondent


Advocates Appeared:
For the Petitioner: O.P. Boob, Govt. counsel.
For the Respondents:J.S. Bhaleria, Advocates.

ORDER

Arun Bhansali, J.

This writ petition has been filed by the State aggrieved against the judgment dated 5/7/2002 passed by the Board of Revenue, whereby, the appeal filed by the respondent no.1 has been allowed and the order passed by the Addl. Collector (Administration), Hanumangarh dated 18/3/2000 has been set aside.

2. Proceedings under Chapter - III B of the Rajasthan Tenancy Act, 1955 (old ceiling law) being case No.647/71 were initiated against the respondent no.1 and by order dated 29/12/1971, the Assistant Collector, Hanumangarh came to the conclusion that the land held by the respondent no.1 was not affected by the ceiling law and consequently dropped the proceedings. Where after, it appears that after coming into force of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (`the Act of 1973') another proceeding being Ceiling Case No.818/75 was initiated by the authorised officer against the respondent No.1 and by order dated 25/10/1975 the authorised officer came to the conclusion that the land held by the respondent no.1 was less than the ceiling limit and consequently again dropped the proceedings.

3. It appears that a notice under Section 15 (2) of t















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