BHATNAGAR, J.—The five writ petitions referred to this Bench involve a question of considerable importance in as much as the relevant statute is the expression of the anxiety of the Legislature to implement the ideals of the framers of the Constitution.

2. India is a Sovereign, Socialist, Secular, Democratic Republic. The Constitution of India secures to all citizens Justice, social, economic and political. The directive principles of State Policy in Part-IV of the Constitution embody the aims and objects of the State under the republican Constitution that it is a Welfare State. Those directives are implemented by Legislation. Art. 39 of the Constitution enumerates certain principles of policy to be followed by the State. For the economic uplift of the citizens it directs that the State shall in particular, direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means of livelihood; that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.

3. India being an agricultural country, majority of the people are dependent for their livelihood on cultivation. Porior to the agration reforms the agricultural land was in the ownership and possession of a few and the landless persons had to toil at the fields of others. In order to implement the socialistic pattern of society and to bridge the gap between the haves and have not i. e. the landowners and the landless an act for agrarian reforms was enacted. In other-words, to abolish the Jagirdari, Zamindari and Biswadari system the Legislature of the State of Rajasthan introduced in Rajasthan by Rajasthan Tenancy Act, the law relating to fixation of ceiling on agricultural holding. By the Amendment Act, 1960 (Act No. V of 1960) Chapter IIIB was inserted in the Rajasthan Tenancy Act 1955 fixing the ceiling on the agricultural holdings (to be referred as the Act hereinafter). The object was to distribute surplus land to the landless and to remove disparity in holding of the agricultural land and to increase agricultural resources. The Act came into force on December 15, 1963. Chapter IIIB of the Act contains Section 30B to Sec. 30J Than, bogus and meaningless transfers were likely to evade and defeat the purpose of legislation. Sec. 30D therefore provided for non-recognition of transfers made after 25th day of February, 1958 for the purpose of ceiling area under section ?0C, with the exception of transfers enumerated in clauses (i) and (ii) of sub-sec.(1)-Sec. 33D was inserted in the Chapter by the Amendment Act 15 of 1 970 w.e.f. 18 8 1970. It enlarged the scope of recognisable transfers, subject to their fulfilling the conditions contained in the two clauses of that section.

4. In proceedings under Chapter 11IB, the question of the validity of transfer of land by landholder came for consideration in a number of cases. The point arising for determination before the Revenue Authorities was as to whether in a proceeding against a landlord, whose ceiling area was in question before the Sub Divisional Officer (for short the S.D.O. hereinafter) notice to transferee was necessary. The opinion of the Board on the point was not uniform.

5. In the writ petition of Kesa Vs. The State of Rajasthan (D.B. Civil Writ Petition No. 1351/75) the legality of the order of the Board of Revenue dated March 31, 1975 has been challenged. The Board of Revenue was of the opinion that there is no provision of law under which the S.D.O. is called upon to issue notice to the transferees and that the principles of natural justice were not attracted in such matters. Subsequent to the aforesaid order of the Board of Revenue certain decisions of this Court dealt with the question of notice to the transferees.

6. In the case of Nandlal Vs. The State of Rajasthan (1). the

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