Honble ASOPA, J.—That by the instant writ petition the petitioners have challenged the order dated 8.2.1979 (Ex. 2) passed by the State Government for reopening of the case under the Old Ceiling Law, the order dated 14.12.1984 (Ex.10) of the Additional Collector, Baran, District Kota, passed after the said direction of the re-opening of the case and the orders dated 8.3.1989 (Ex.12) and 26.6.1989 (Ex.14) passed by the Board of Revenue, Ajmer, passed in appeal and Review, whereby the aforesaid order of the Additional Collector, Baran, dated 14.12.1989 declaring 21.56 standard acres of land surplus and is liable to be acquired, has been upheld.

2. The facts of the case in brief are that grand-father of the petitioners late Shri Janki Lal filed a return as per the provisions of Rule 9 of the Rajasthan Tenancy (Fixation of Ceiling on Agricultural Holding) Rules, 1963 (for short "the Rules of 1963"). In the said return late grand-father of the petitioners mentioned the name of his only son Suraj Mal, (father of the petitioners), aged 28 years, as dependent with further mention of name of his wife, sons wife and two grand children as on 1.4.1966 i.e. appointed date. After hearing both the parties and perusing the return, the Sub-Divisional Officer, Baran, vide his order dated 11.5.1971, dropped the proceedings holding that the report of the Tehsildar disclosed the undivided joint Family Land and there being two sharers, as such entitled to 60 standard acres and, no acquirable surplus land beyond ceiling area remained with the assessee. Accordingly the proceedings were ordered to be dropped. The petitioners have stated in the writ petition that Shri Janki Lal died in the year 1970 but despite that, the notice to show cause for re-opening the case was issued to him and no notice was given to his legal representatives. They have further stated that they inspected the file of Secretariat and came to know that the notices were issued in the name of dead person Shri Janki Lal. On this notice, there is a report of the process-server that "he is since died and his son is not available in house and as such the notice has been pasted on the house". The petitioners have further stated that in such circumstances the Dy. Secretary committed a serious error of law in considering the said service as sufficient service against the dead person and has further proceeded exparte on 8.2.79 during life time of Suraj Mal against whom the alleged admission of late Jankilal was taken into consideration. It has been averred in the writ petition that on receipt of the notice from the Additional collector, Baran, District Kota, by the legal heirs of deceased Janki Lal and Suraj Mal, who also died in the year 1980, the petitioners and their grand-mother filed a common reply stating that the property in dispute i.e. land is the ancestral joint Hindu Family Property and late Shri Janki Lal had only half share in the property on 1.4.66 that is the crucial date and on this date his son, Suraj Mal, who was married, 28 years of age, having two children, and was not dependent, therefore, both are entitled for half share each. In support of the aforesaid averments the petitioners have examined Ram Chand D.W.1, Kishan Lal D.W. 2 and Smt. Kali Bai D.W. 3 (Ex.4 to 6). All have stated that Suraj Mal and Janki Lal were cultivating the land separately Kali Bai has further stated that Suraj Mal was living separately and was earning his livelihood separately from agriculture. Vide order dated 14.12.1984 (Ex.10) the Additional Collector, Baran, held that late Shri Janki Lal has admitted the fact in the return that his son is dependent and the statements are after through, therefore, the return is more authentic, has ultimately declared 21.56 standard acres land surplus. Against the said order the petitioners have filed an appeal before the Board of Revenue and in appeal it was contended on behalf of them that re-opening proceedings against Janki Lal after his death and knowledg

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