- (1.) AT the request and with the consent of the learned counsel for the parties, the petition has been finally heard at this stage itself.
(2.) BY way of this writ petition, the petitioners have questioned the proceedings sought to be adopted by the respondent-State while treating them as trespassers over the land in question. The petitioners submit that they had purchased the land in question at Chak 29 GB, Tehsil Anupgarh, District Sriganganagar, as comprised in Murraba Nos. 116/28 and 114/26 admeasuring about 16 bighas, from one Shri Narendra Singh (now represented by his son ­ respondent No.5), which is alleged to have been resumed in the re- opened agricultural land ceiling proceedings against the said Shri Narendra Singh. The petitioners further submit that the ceilings proceedings against the assessee Shri Narendra Singh were dropped under Chapter III-B of the Rajasthan Tenancy Act, 1955 ('the old ceiling law') by the order dated 19.04.1971; and that after coming into force of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 ('the Act of 1973'/'the new ceiling law'), the Authorised Officer considered again the matter against the said assessee and, again, dropped the proceedings by his order dated 24.03.1975.
(3.) IT is contended that the ceiling case in relation to the assessee Narendra Singh having been decided under the old ceiling law (i.e., the provisions contained in Chapter III-B of the Rajasthan Tenancy Act, 1955) and so also under the new ceiling law (i.e., the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973), as per the ratio of the decision in Smt. Pari Devi Vs. State of Rajasthan: 1984 RLR 931, the proceedings could not have been re-opened under the old ceiling law. With these submissions, the petitioners seek to question the alleged re-opened proceedings in relation to their predecessor under Section 15 (2) of the Act of 1973 and the orders passed thereupon.;