Honble MADAN, J.–The facts concisely stated are that in ceiling proceedings initiated against Motilal (petitioner herein) in respect of his agricultural land situated in village Raithal, Tehsil Mangrol District Kota, (now in District Baran), 30 bighas & 18 biswas of his land was declared surplus vide order dt.22.1.1979, thereby Motilal submitted option to surrender 30 bighas & 18 biswas of land out of Khasra No.9 of his village Raithal, to which Mathuralal (respondent No.5, herein) raised objection stating that he had purchased the land in dispute in the year 1958 and so it was an encumbered land. But, the Assistant Collector Baran, after having considered respondent No.5s objections and heard he petitioner rejected the objections vide his order dt.28.2.81 (Ann.A), and directed the Tehsildar Mangrol to take possession of the land in dispute. Against order (Ann.A) rejecting objections, the respondent No.5 preferred an appeal but it was dismissed by the Additional Collector (Ceiling) Kota vide order dt.27.12.82 (Ann.B), re- sulting in filing second appeal by the respondent No.5 before the Revenue Board, which by its order dt.25.8.88 (Ann.C) accepted the second appeal while setting as

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