PRAKASH TATIA,J. - (1.) AN issue was raised before the learned Single Judge in this case that whether in view of the provisions of Section 15(2) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (for short 'the Act of 1973'), the Collector has any jurisdiction to initiate proceedings for making a reference to the Board of Revenue in respect of an order passed on 30.6.1970 for determining the ceiling area of the lands that could be held by the petitioners under Chapter -III -B of the Rajasthan Tenancy Act, 1955 (for short 'the Act of 1955').
(2.) THE learned Single Judge, after hearing arguments, considered the two judgments relied upon by the learned Counsel for the petitioners, namely, Om Prakash and others v. State of Rajasthan 1999 (1) RLR 333 and Hari Singh v. State of Rajasthan and Ors. 1999 (2) RLR 626, which support the contentions of the petitioners but the learned Single Judge felt himself unable to agree with the view taken in the above two judgments. Therefore, the learned Single Judge, directed to place the matter before Hon'ble the Chief Justice to resolve the issue. Thereafter, the matter came up for hearing before us. The brief facts which are necessary for deciding the point in controversy are that Chapter -III -B of the Act of 1955 was introduced by Section 3 of the Rajasthan Tenancy (Amendment) Act, 1960, published in 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 were 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 and the land is to be assessed as held on 1.4.1966 by the agriculturists in accordance with the provisions of Chapter -III -B.
(3.) AFTER coming into force of the above provisions of Chapter III -B, Ummaid Singh ancestor of the petitioners submitted a return before the Sub -divisional Officer, Jalore upon which case No. 13/68 was registered. Ummaid Singh expired and his successors were taken on record and the proceedings were completed as per the above provisions. The Sub -divisional Officer, vide its decision dated 30.9.1979, held that 514 -1/2 standard acres of land were surplus in the hands of the agriculturists. In pursuance of above order the land was surrendered by the petitioner and the order dated 30.9.1970 was not challenged by the State Government by filling any appeal under the provisions of the Act of 1955, therefore, the order dated 30.9.1970 became final.;