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1997 Supreme(Raj) 398

B.J.SHETHNA
Kishan Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
S.N. Sharma, along with Sudhir Sharma, for Petitioner L.S. Udawat, Addl. Advocate General & B.S. Bhati, Addl. Govt. Advocate, for State

Honble SHETHNA, J. – The petitioner was adopted on Kartik Vadi 14 Samvat year 2030 at the age of only 10 years by Shri Manphul Ram. But, the adoption deed was got registered only on 5th October, 1970. Proceedings under old ceiling law were dropped against Manphul Ram. Thereafter, the proceedings under new ceiling law were dropped by an order dated 8.7.75. Thereafter, by an order dated 23.11.77, the State Government re-opened the case under Section 15(1) of the New Ceiling Act, 1973 under the new ceiling law (Annex.3). Additional Collector by his order dated 22.4.80 held that Manphul Ram had 79.10 bighas surplus land under the `new Act and ordered the same to be resumed to the State. The Board of Revenue remanded the case to the Collector on 2.4.81 by setting aside the order. The Addl. Collector, by his order dated 8.10.85 once again held that Manphul Ram had 79.10 bighas surplus land (Annex. 4). The Board of Revenue by an order dated 22.8.89 (Annex. 6) dismissed the appeal filed by Krishna Lal son of Manphul Ram, (the petitioner), though it held that under the new ceiling law, the assessee had no surplus land as it was held that the assessee had 79.10 Bighas surplus land under the






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