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2001 Supreme(Raj) 1323

BHAGABATI PRASAD BANERJEE
Ram Pyari – Appellant
Versus
B. O. R. – Respondent


Advocates:
D.S. Shishodia, Sr. Advocate assisted by H.L. Kela, for Petitioner;
Parikshit Jain, for Respondents

Honble PRASAD, J.–In this writ petition, the petitioner has raised questions regarding the validity of initiation of proceedings under Rajasthan Imposition of Ceiling on Agricultural Holdings Rules, 1983 (for short `the Rules of 1963).

(2). According to the petitioners, proceedings against Shri Sanwar Lal Mansinghka and his wife Smt. Ram Pyari one of the petitioners alongwith legal representative of Sawarmal were initiated in Ceiling Case No. 19/1973. These proceedings were decided by the then Authorised Officer by the judgment dt. 2.12.1975. It was held by the Authorised Officer that Sanwarmal was holding following lands:-

S.

No. Name of Village Measurement

Bighas Acres Standard Acres

1. Arjiya 61.12 33 9.52

2. Kotiya 63.03 39 22.50

3. Lambiya Kalan 95.3 56 16.5

Total: 219.18 128 48.17

(3). According to the petitioners, in those proceedings, the Tehsildar reported that there is separate possession of various persons on various parcels of land. After calculation, it was held that late Shri Sanwarmal was entitled to hold 30 standard acres of land. He had 18.17 standard acres of surplus land, option was accordingly made for such land. Alongwith the proceedings initiated against late Shri S














































































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