Advocates:
['GANESH MEENA', '', 'S N MEENA', 'ISHWAR TIWARI', '', 'ZAKAWAT ALI', 'S D KHASPURIA ADDI G C', 'MADHU MEENA', 'G A', 'ARJUN LAL TOLANI']

CW3487/1999

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

ORDER

IN

S.B. Civil Writ Petition No.3487/1999

With

Stay Application No.2980/1999

Gopal (since deceased) through his

legal heirs (1) Chotulal (since

deceased) through his legal heirs

Hemraj and Others (2) Ramnarain

(since deceased) through his legal

heirs Smt. Kalyani and Others and

(3) Jawahar Lal (since deceased)

through his legal heirs Smt. Sita

Bai and Others Vs. State of

Rajasthan and Others

Date of Order ::: 22.11.2012

Present

Hon'ble Mr. Justice Mohammad Rafiq

Shri S.N. Meena, counsel for petitioners

Shri Zakawat Ali, Deputy Government Counsel for

respondents

####

//Reportable//

By the Court:-

This writ petition was filed by Gopal S/o

Shri Kishan, who died during its pendency and

therefore his legal heirs were brought on record,

who also died during its pendency and as such their

legal representatives were also brought on record.

In the writ petition challenge has been made to the

order dated 13.08.1997 of Deputy Legal

Remembrancer,

Revenue

(Group-7)

Department,

Government of Rajasthan, Jaipur, and order dated

20.05.1998 of the Deputy Secretary, Revenue (Group-

O/Ceiling) Department, Government of Rajasthan,

Jaipur, whereby the order dated 13.08.1997 was

CW3487/1999

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withdrawn and further ordered to continue the

ceiling proceedings as was commenced prior to

passing of order dated 13.08.1997.

Briefly stated the facts of the case are

that originally the ceiling proceedings against

petitioner under old ceiling law were dropped by

competent authority (Sub Divisional Officer, Kota)

vide order dated 15.05.1975, who observed that

revenue account holder Gopal has died and that he

has three legal heir being his sons; it further

found that they have 50.79 standard acre land and

held that looking to the number of members in the

family, the land possessed by them cannot be said

to be in excess of the ceiling limit and as such it

dropped the ceiling proceedings. The State

Government, in view of the provisions of Section 15

(2) of the Rajasthan Imposition of Ceiling on

Agricultural Holdings Act, 1973, found that the

order dated 15.05.1975 is required to be reopened

and accordingly, after issue of notice to person

concerned, directed an officer subordinate to it,

to reopen the said matter to decide it afresh and

therefore the Deputy Secretary to the Government

under the order of the Governor vide order dated

25.03.1982, exercising its powers under Section 15

(2) of the Act of 1973, directed the case to be

reopened and appointed the Additional Collector,

Kota, as competent authority and directed him to

reopen the ceiling proceedings and decide the same

afresh. The Additional Collector (Ceiling), Kota,

CW3487/1999

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vide order dated 12.09.1983, held that it is not

proved that the original khaedar died before

01.04.1966 and therefore as per Section 30-C of the

Rajasthan Tenancy Act (Old ceiling law), since

there were five members in the family, legal heirs

of the khatedar could retain 30 standard acre of

land and remaining land was held to be surplus.

Total land found in their possession was 131 bigha

1 biswa i.e. 71.48 standard acre and after reducing

30 standard acre of land, 41.48 standard acre of

land was held surplus, which was acquired. Since

the matter was reopened by the Government, the

State Government, vide its order dated 07.05.1982

sent the matter to the Additional Collector

(Ceiling, Kota) under Section 15(2) of the Act of

1973 for its decision afresh and the Additional

Collector (Ceiling), Kota, vide order dated

29.05.1990, ordered that legal heirs of Gopal are

entitled to retain 30 standard acre of land. Since

they had total 50.80 standard acre of land, it

declared 20.80 acre of land to be surplus, which

was ordered to be acquired. Aggrieved thereby,

petitioners preferred an