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 Sanwarmal, proceedings were also initiated against Smt. Ram Pyari.

(4). After the aforesaid proceedings, decided under the Old Act, proceedings were re-opened by resorting to the provisions of Sec. 15 of the Act of 1973. For this, notices were issued in the year 1983. The Tehsildar reported that various holding in favour of the petitioners were as under:-

S.

No. Name of Village Measurement

Bighas Acres Standard Acres

1. Arjiya 464.04 249 73.52

2. Kotiya 486.8 289 82.50

3. Lambiya Kalan 93.3 58 33.46

Total: 1045.15 596 189.48

(5). While considering holdings of the petitioners, sale of some of the lands measuring 279 bighas and 4 biswas made before the year 1958 were recognised. In various villages, holding were recognised as under:-

Village Measurement

Arjiya 187 bighas

Kotiya 93.3 bighas

Lambiya Kalan 95.03 bighas

(6). The claim of the petitioners is that lands in village Kotiya was standing on the name of Smt.Ram Pyari, Since, Smt. Ram Pyari is the wife of Sanwarmal, hence land was included in the ceiling area of Sanwarmal. Objections were submitted on behalf of late Sanwarmal. It was claimed that land in village lambiya kalan was not 486.5 bighas but it was only 95.3 bighas. The case of Sanwarmal was that land was purchased jointly and collectively be Sanwarmal, Smt. Vimla Devi, Surya Prakash, Sushila Bai, Basant Kumar and Shankerlal. However, it was contended that Sanwarmal being eldest among them patta was issued by Thikana Baneda in the name of Sanwarmal. To recognise rights of other five persons, a document was executed by Sanwarmal on 10.10.56 and it was detai- led in the document that lands of some different descriptions belong to different persons. In that document, it was also mentioned that one of the beneficiaries, Shankerlal S/o Damodarlal had 51.17 bighas of land in his possession. The petitioners have produced document and affidavits of the parties concerned as Annex.2,3 & 4 in the writ petition.

(7). The ceiling proceedings which was initiated against the petitioners after re-opening under Sec. 15 of the act of 1973 was decided by the Addl. Collector vide order dt. 28.2.1984 (Ex.1). It has been observed by the Addl. Collector that family arrangement relied upon by the petitioners, cannot be considered to be valid one. The said agreement is not in conformity with Sec. 53 of the Rajasthan Tenancy Act, 1955 and therefore cannot be recognised. The transfers before the year 1958 were however recognised. The transfer of the land in favour of Shri Ram Krishan was also recognised. Similarly, the transfer in favour of Shri Suresh Kumar dt. 1.11.1968 for the land measuring 101 bighas 10 biswas was also recognised. However, the transfers in favour of Suresh Kumar s/o Sanwarmal for 33 bighas 19 biswas dt. 29.5.1970 and transfer in favour of Smt. Uma Devi for

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