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1984 Supreme(Raj) 52

K.S.LODHA
Rakha Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Rajesh Balia, for Petitioner; S.S. Bhandawat Dy. G.A.

K.S. LODHA, J.—The facts giving rise to this writ application briefly stated are that the petitioner Rakha Singh holds agricultural land in Chak 4 x in Tehsil Karanpur district Sriganganagar. He filed his return under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (hereinafter called the Act ) before the Authorised Officer on 21.3.74 declaring that there were three members in his family, namely, he himself, his wife and an adopted son Vijay Singh aged 25 years. In support of his claim, he produced some evidence, oral as well as documentary. So far as the documentry, was concerned, it was a decision in a suit filed by Anoop Singh, the real brother of Vijay Singh aganist Vijay Singh on the ground that Vijay Singh had gone in adoption to Rakha Singh and could not claim any share in his original family. That suit was decreed. The Authorised Officer did not accept this evidence and held that there were only two members in the family of Rakha Singh i.e. Rakha Singh himself and his wife and he, accordingly, determined the ceiling limit and refused a separate unit claimed for the alleged adult adopted son u/s 4(2) of the Act. Aggrieved of this, Rakha Singh filed an









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