Bhagwati Prasad, J. - (1.) IN this writ petition, the petitioners has raised questions regarding the validity of initiation of proceedings under Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (for short the Act of 1973'), Rajasthan Tenancy Act, 1955 Chapter III -B (Old Ceiling Law) (for short 'the Act of 1955') and the Rajasthan Imposition of Ceiling on Agricultural Holdings Rules, 1963 (for short 'the Rules of 1963').
(2.) ACCORDING to the petitioners, proceedings against Shri Sanwar Lal Mansinghka and his wife Smt. Ram Pyari one of the petitioners alongwith legal representatives of Sanwarmal were initiated in Ceiling Case No. 19/1973. These proceedings were decided by the then Authorised Officer by the judgment dt. 2.12.1975. It was held by the Authorised Officer that Sanwarmal was holding following lands : - ______________________________________________________________ S. Name of Village Measurement _______________________________________ No. Bighas Acres Standard Acres ______________________________________________________________ 1. Arajiya 61.12 33 9.52 2. Kotiya 63.03 39 22.50 3. Lambiya Kalan 95.03 56 16.05 __________________________________________ Total 219.18 128 48.17 __________________________________________________________________ According to the petitioners, in those proceedings, the Tehsildar reported that there is separate possession of various persons on various parcels of land. After calculation, it was held that late Shri Sanwarmal was entitled to hold 30 standard acres of land. He had 18.17 standard acres of surplus land, option was accordingly made for such land. Alongwith the proceedings initiated against late Shri Sanwarmal, proceedings were also initiated against Smt. Ram Pyari.
(3.) AFTER the aforesaid proceedings, decided under the Old Act, proceedings were re -opened by resorting to the provisions of Sec. 15 of the Act of 1973. For this, notices were issued in the year 1983. The Tehsildar reported that various holdings in favour of the petitioners were as under: _____________________________________________________________________ S. Name of Village Measurement _____________________________________________ No. Bighas Acres Standard Acres _____________________________________________________________________ 1. Arajiya 464.04 249 73.52 2. Kotiya 486.08 289 82.50 3. Lambiya Kalan 93.03 58 33.46 _____________________________________________ Total: 1045.15 596 189.48 _____________________________________________________________________;