N.M. KASLIWAL. J—As identical questions of law are involved in all the above special appeals, the same are disposed of by one single order.

2. In order to appreciate the questions of law arising in these cases, we would like to narrate the facts of one case in S.B. Civil Writ Petition No. 1274/ 75 Prithvi Singh Vs. The State of Rajasthan.

3. The petitioner held 47 Bighas 7 Biswas of land in Village Palkiya, Tehsil Sangod, District Kota. The petitioner filed a return on 3.1.74 u/s 10 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973, hereinafter referred to as new ceiling law. The Sub Divisional Officer, Ramganj Mandi passed an order on 10.4.75 (Annexure-2) that the matter was to be decided under the old ceiling law and as the case had not been registered under the old ceiling law, the same be registered now, and proceedings be taken up separately. It was further directed that the petitioner should file a return under the old ceiling law taking the appointed date as 1.4.66 and granted time to file the return upto 28.4.75. It was further directed that proceedings under the new ceiling law may be kept pending till the final determination of the proceedings under the old ceiling law.

4. The petitioner aggrieved against the order of the Sub Divisional Officer, filed an appeal before the Revenue Appellate Authority, Kota. The Revenue Appellate Authority dismissed the appeal by order dated 31.5.75 (Annexure-3). The petitioner, then, filed a return on 26.6.75 and the S.D.O. Ramganj Mandi after receiving an enquiry report from the Tehsildar, issued a notice to the petitioner under Rule 14 of Rajasthan Tenancy (Fixation of Ceiling of Land), Government Rules, 1963 hereinafter referred to as Rules of 1963. The S.D.O. fixed 7.8.75 for further proceedings in the case. The petitioner, in the meanwhile, filed a writ petition on 2.8.75 and obtained an order on the stay application for restraining the respondents from taking proceedings under the provisions of Chapter 1II-B of the Rajasthan Tenancy (Fixation of Ceiling of Land) Government Rules, 1963. The above interim stay order was subsequently confirmed to last till the final disposal of the writ petition.

5. The above writ petition and other identical matters, then, came up for hearing in May, 84. The learned Single Jugde, after taking into consideration several other decisions of this Court, held that after the old Act, i.e. Chapter III-B contained in the Rajasthan Tenancy Act, 1955, having been repealed by Section 40 of the new ceiling law, notice under the old Act after repeal, was patently illegal and cannot be sustained. It was, however, observed by the learned Single Judge that whether the respondents can give notice under the New Act and decide the matter under the Old Act, is not for him to decide, because it has been already decided by Division Bench of this Court in Sumitra Kaur Vs. Authorised Officer (Sub Divisional Officer), Sri Ganganagar (1). The learned Single Judge as such, set aside Annexures-2, 3 and 4 and some other Annexures in the other identical writ petitions.

6. The learned Single Judge, by order dated May 23, 1984, decided 8 writ petitions by one common order and the State of Rajasthan, aggrieved against the aforesaid judgment, has filed these special appeals.

7. In order to appreciate the controversy raised in the present case, which is of great importance, and will affect large number of cases, we deem it proper to mention the relevant law and the cases decided by this Court.

8. The Rajasthan Tenancy Act, 1955 was enacted to consolidate law relating to tenancy of agricultural lands, and to provide for certain measures of land reforms. The law imposing ceiling on agricultural holdings was first introduced in Rajasthan in the Tenancy Act by the Amending Act No. 4 of 1960. This Tenancy Amendment Act No. 4 of 1960 was brought into force on 15th December, 1963. The law relating to ceiling was incorporated in the Rajasthan Tenancy Act, 1955 by introduci

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