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2009 Supreme(Raj) 705

R.S.CHAUHAN
Avtar Singh – Appellant
Versus
Board of Revenue – Respondent


Advocates Appeared
Kapil Gupta, for Petitioner;
Zakawat Ali, Dy. G.A., for State

Hon'ble CHAUHAN, J.—Aggrieved by the order dated 31.07.1987 passed by the Additional Collector, Baran and aggrieved by the order dated 28.12.1989 passed by the Board of Revenue ('the Board', for short), the petitioner has challenged the same before this Court. By the former order, the Additional Collector, Baran after reopening the case under Section 15(2) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (henceforth referred to as the, “New Ceiling Act”) held that 9.8 standard acres of land was above the ceiling limit. Therefore, the same should be resumed by the Government. By the latter order, the order dated 31.07.1987 was confirmed.

2. The brief facts of the case are that initially land ceiling proceedings were initiated against the petitioner's father, Ratan Singh under Chapter III-B of the Rajasthan Tenancy Act, 1955 (henceforth to be referred as “the Old Ceiling Act”). However, vide order dated 01.05.1972, the Dy. Collector had dropped the ceiling proceedings against Ratan Singh. Subsequently, it was discovered that the declaration made by Ratan Singh with regard to the number of family members was incorrect. According to the declaration submitted by





































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