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2016 Supreme(Raj) 1874
IN THE HIGH COURT OF RAJASTHAN AT JODHPUR BENCH
Goverdhan Bardhar, J.
LR’s of Pyara Singh (Kuldeep Singh S/o S. Pyara Singh) & Ors. - Appellants
Versus
Board of Revenue For Rajasthan, Ajmer & Ors. - Respondents
D.B. Spl. Appl. Writ No. 876 of 2014
Decided On : 21-12-2016
Subject
Land Ceiling - Reopening of Ceiling Proceedings
Act Referred
Headnote
Rajasthan Imposition of Ceilings on Agriculture Holdings Act, 1973 - Section 15(2) - Limitation for reopening of the ceiling proceedings - Present appeal arises from order passed by the Learned Single Judge dismissing S.B. Civil Writ Petition declining interference with the order of the Board of Revenue, dismissing the challenge to the order passed by the Additional Collector in Ceiling Case reopening ceiling proceedings - Held, Case is distinguishable on its own facts as it related to exercise of power of suo moto revision which is not the case presently - Be that as it may, the Learned Single Judge has noticed that Section 15(2) of the Act provides for a statutory time limit of seven years from the date of passing of the final order sought to be reopened or after expiry whichever is later - Noticing that the order reopening the ceiling proceedings was, it was held to be well within limitation and which objection in any event was never taken before the authority reopening the proceedings - Appeal dismissed.
Advocate Appeared:
For the Appellants :Mr. K.R. Saharan, Advocate
Mr. Goverdhan Bardhar, J.
1. The present appeal arises from order dated 21.01.2014 passed by the Learned Single Judge dismissing S.B. Civil Writ Petition No. 1261 of 1999 declining interference with the order dated 07.09.1998 of the Board of Revenue, Ajmer dismissing the challenge to the order dated 23.07.1994 passed by the Additional Collector (Administration), Sri Ganganagar in Ceiling Case No. 330 of 1981 reopening ceiling proceedings.
2. Learned counsel for the Appellants assailing the order of the Learned Single Judge submitted that the limitation for reopening of the ceiling proceedings under Section 15(2) of the Rajasthan Imposition of Ceilings on Agriculture Holdings Act, 1973 (hereinafter referred to as “the Act”) is six years. In the present case, the notice was beyond the period of six years. Reliance was placed on 1995 RRD 115 [Dhanraj & Ors. v. State of Rajasthan]. We have considered the submissions of the counsel for the Appellants.
3. The case of Dhanraj (Supra) is distinguishable on its own facts as it related to exercise of power of suo moto revision under the Rajasthan Tenancy Act, 1955 which is not the case presently. Be that as it may, the Learned Single Judge has noticed that Section 15(2) of the Act provides for a statutory time limit of seven years from the date of passing of the final order sought to be reopened or after expiry of 30.06.1979 whichever is later. Noticing that the order reopening the ceiling proceedings was dated 23.06.1979, it was held to be well within limitation and which objection in any event was never taken before the authority reopening the proceedings.
4. We find no reason to interfere with the order under appeal.
The appeal is dismissed.
