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1998 Supreme(Raj) 87

P.C.JAIN
Hamir Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
N.M. Lodha, for Petitioner S.K. Vyas, Addl. G.A.

Honble JAIN, J.–The petitioner has filed this petition under Article 226 of the Constitution of India praying for quashing the order passed by the State Government under Section 15(2) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (hereinafter referred to as the Act) and the proceedings taken in pursuance thereto.

(2). The facts relevant for the disposal of this writ petition may be stated as follows. Under the provisions contained in Chapter III-B of the Rajasthan Tenancy Act, 1955 proceedings were initiated against the petitioner The petitioner filed his declaration and submitted all the relevant details of his family members and the land before the S.D.O., Bali. After considering the relevant record, the S.D.O., Bali came to the conclusion that the petitioner was not holding any land in excess of the ceiling area applicable to him. He, therefore, passed an order on 20.5.1974 dropping the proceedings initiated against him. The copy of the order dated 20.5.1974 is Ex.l. The State of Rajasthan or any of its officers did not file any appeal or revision against the order dated 20.5.1974. Hence the order dated 20.5.1974 be- came final. After coming into force






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