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2017 DIGILAW 1838 (RAJ)

Balwant Kaur v. State Of Rajasthan

2017-08-16

NIRMALJIT KAUR

body2017
JUDGMENT Nirmaljit Kaur, J. (Oral) - For the reasons mentioned in the application (APPLW No. 3989/2017), the same is allowed to the extent that the documents annexed with the application are taken on record. 1. Learned counsel for the parties agree that the matter can be disposed of today itself being covered. 2. The present writ petition has been filed for quashing of the Order & Judgment dated 14.12.1992 passed by the Additional District Collector, Sri. Ganganagar as well as Order dated 05.08.2000 passed by the Board of Revenue, Ajmer dismissing the appeal filed by the petitioners against the Order & Judgment dated 14.12.1992 vide which the land possessed by Kesar Singh was held to be beyond the ceiling limits. 3. The ceiling proceedings initiated against Kesar Singh under the old ceiling law i.e. Act of 1955 were dropped vide Order dated 17.07.1971. Thereafter, the proceedings were again initiated against Kesar Singh under the new ceiling law i.e. Act of 1973. However, the said proceedings were also dropped vide Order dated 06.05.1975 passed by the Additional Collector, Raisinghnagar holding that Kesar Singh had no surplus land. Thereafter, the State Government in exercise of its powers under Section 15(2) of the Act of 1973 ordered for re-opening of the proceedings vide Order dated 31.07.1981. Thereafter, the matter was decided by the Additional Collector vide Order & Judgment dated 14.12.1992. The appeal against the said order too was dismissed by the Board of Revenue vide Order dated 05.08.2000. The question here is as to whether the proceedings under Section 15(2) of the Act of 1973 could have been re-opened once the same had been dropped. 4. It is not disputed that the said issue is no more res-integra and the said proposition of law has been finally settled in the case of Smt. Pari Devi vs. State of Rajasthan reported in 1984 RLW 320 and the Full Bench judgment of this Court rendered in the case of Sahas Karan vs. State of Rajasthan & ors. reported in 2015 (1) RRT 85. 5. In the case of Smt. Pari Devi (supra), the proceedings were initiated against the petitioner one under the old ceiling law and other under the new ceiling law. Thus, the action of the State Government in proceeding under Section 15(2) of the new ceiling law for the second time was set aside. reported in 2015 (1) RRT 85. 5. In the case of Smt. Pari Devi (supra), the proceedings were initiated against the petitioner one under the old ceiling law and other under the new ceiling law. Thus, the action of the State Government in proceeding under Section 15(2) of the new ceiling law for the second time was set aside. The said view has been upheld by the Full Bench of this Court in the case of Sahas Karan (supra). 6. In view of the admitted position that the matter is squarely covered by the ratio of judgment rendered in the case of Smt. Pari Devi (supra) and Sahas Karan (supra), the present writ petition is allowed. The Orders dated 14.12.1992 and 05.08.2000 are set aside.