- (1.)This appeal is directed against an order passed by the High Court of Judicature for Rajasthan at Jodhpur, dismissing the writ petition filed by the appellants/writ-petitioners with liberty to the writ- petitioners to raise the defence before the Collector which was available to them.
(2.)The issue raised before the High Court on the question is whether in view of the provisions of Section 15(2) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (hereinafter referred to as 'the Act of 1973'), the Collector has any jurisdiction to initiate any proceedings for making reference to the Board of Revenue in respect of an order passed on June 30, 1970 for determining the ceiling area of the land that could be held by the petitioners (appellants) under Chapter III-B of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'the Act of 1955'). The facts of the case, in brief, which are necessary for deciding the question are that Chapter III-B of the Act of 1955 was introduced by Section 3 of the Rajasthan Tenancy (Amendment) Act, 1980 published in the Rajasthan Gazette Extraordinary, Part IV-A dated 21.3.1960 vide Notification No. F.6(2) Rev. B/70 (I) and this chapter came into force with effect from 15.12.1963. Chapter III-B provides "Restriction of holding land in excess of ceiling area". Chapter III-B contains various sections providing for declaration of the extent of agricultural land which can be held by agriculturists and the mode of determination of excess agricultural land. The agriculturists are required to surrender excess land which shall vest in the State Government. As per the provisions of Chapter III-B of the Act of 1955, appointed date was fixed as 1.4.1966 by the agriculturists in accordance with the provisions of Chapter III-B.
(3.)It appears that one Ummaid Singh, ancestor of the appellants submitted a return before the Sub-Divisional Officer, Jalore, upon which a case was registered bearing No.13/68. During the pendency of the case, Ummaid Singh expired. His successors-in-interest were taken on record and the proceedings were completed. The S.D.O. held by an order dated September 30, 1979 that 514-1/2 standard acres of land were surplus in the hands of the agriculturists. The land was surrendered by the petitioner in pursuance of the said order and no appeal was preferred. Hence, the said order became final. The Act of 1955 was repealed by an Ordinance and thereafter by the Act of 1973, which came into force on 1.1.1973, the State Government was given power to avail the remedies under the Act of 1973 against the case decided under the old ceiling law of Chapter III-B by making provision under Section 15(2) of the Act of 1973. The old law of ceiling has been saved for this purpose by virtue of Section 40 of the Act of 1973.