S.N.Bhargava, J. - (1.) As per the facts mentioned in the writ petition, in Ceiling Case No. 346/1975, State of Rajasthan v. Kastoor Bai wife of Prabhulal, orders were passed by the Authorised Officer on 24.11.1975 (Annexure-10, in earlier S.B. Civil Writ Petition No. 439/1976, decided on 23.10.1984, by this Court), under the Old Tenancy Law. After the aforesaid order, the Authorised Officer asked the persons concerned to hand over the surplus land and issued notice (Annexure-11) (in earlier writ petition), meanwhile on 7.6.1975, the petitioners had also received notice in form 3 under sub-sec. (1) of Section 11 of the New Act. Feeling aggrieved by the aforesaid order dated 24.11.1975, S.B. Civil Writ Petition No. 439/1976 was filed by the petitioner and others and this Court, vide its order dated 23.10.1984 (Anx.1) held that the determination of the ceiling area must be made in accordance with the new law and further observed that if a notice is given under the new law, the new law will apply and the proceedings under the old law are inapplicable. This court, quashed the order (Anx. 10) and the notice in pursuance thereof (Anx. 11) filed along with that writ petition. But still the respondents No. 1 and 2 are trying to enforce the old Annexure-10 and 11 which had been set aside by this Court vide its order dated 23.10.1984 and they are trying to acquire the land of the petitioners mentioned in detail in the writ petition. It is against this that the present writ petition has been filed. Rajasthan High Court [Jaipur Bench] Present : Hon'ble Mr. Justice S.N. Bhargava
(2.) In the writ petition, it has been alleged that after the order of this Court, dated 23.10.1984 (Anx. 1) the petitioner did not receive any notice from any authority, whatsoever. He was not given any opportunity of hearing and the petitioner therefore filed the present writ petition on 25.9.1989. Notices were issued on ?8.9.1989 as to why the writ petition should not be admitted and disposed of. Notices were served on or before 18.11.1989. Time was sought by the learned. counsel for the non petitioners on several occasions but no reply has been filed so far. Arguments have been heard on 18.9.1991 and the case was listed for dictation of judgment on 20.9.1991 but even till today, no reply has been filed on behalf of the State Government nor the Government Advocate has been able to explain the position of the State Government and hence, believing what has been stated in the writ petition, this writ petition is allowed.
(3.) In the result, this writ petition is allowed. The respondents are restrained from implementing the order dated 24.11.1975 (Anx. 2) passed by the S.D.O. Kota in Ceiling Case No. 346/75 and the notice dated 1.12.1975 (Anx. 3) since the same have been set aside by this Court vide its order dated 23.10.1984 in S.B. Civil Writ Petition No. 439/1976. No order as to costs. Writ Petition allowed - Implementation of impugned order restrained.;