KOTHARI,J. - (1.) THE aforesaid 12 writ petitions have been filed by the Jorawar Singh S/o Shri Deep Singh and grand son of Shri Kishore Singh, the land holder, being aggrieved by the order of the learned Single Member of Board of Revenue dated 1.4.2003, whereby, the learned Board of Revenue set aside the order of learned Revenue Appellate Authority dated 31.5.2000 passed under the Rajasthan (Imposition of Ceiling on Agricultural Holdings) Act, 1973, whereby, the learned Revenue Appellate Authority had cancelled the allotment of land of private respondents, like illustratively measuring 10 bighas 13 biswas of khasra No. 175 and 10 bighas land of Khasra No. 362 in favour Jora S/o vakta on 19.6.1976 and the learned Board of Revenue restored that allotment while allowing the appeal of appellant Jora S/o Vakta, by caste Bhambhi, R/o Bichawadi, Tehsil Bhinmal and other 10 allottees.
(2.) SOME background facts leading to the present set of writ petitions by grand son of Kishore Singh, land holder, namely; Jorawar Singh are like this. Ceiling proceedings were initiated against Kishore Singh under the provisions of Rajasthan (Imposition of Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as 'the Ceiling Act, 1973') and vide order dated 31.7.1975 passed in ceiling case No. 186/71, the learned Sub -Division Officer, Bhinmal, also known as "Pargana Adhikari', determined the surplus land of 70.26 standard acres in the hands of non -applicant - land holder, Shri Kishore Singh S/o Umed singh, which excess land was enquired to be surrendered under the ceiling law in favour of the Sate. On appeal filed by the legal representatives; Bhim Singh and Deep Singh, of late Kishore Singh, the learned. Revenue Appellate Authority allowed such appeal No.350/75 (Bhim Singh & Anr. vs. State) vide order dated 27.3.1976 and reduced the surplus or excess land over the ceiling limit to 15.60 standard acres instead of 70.26 standard acres, as determined by the lower authority i.e. learned SDO, Bhinmal. On 19.6,1976, despite order dated 27.3.1976 having been passed three months prior to that by learned Revenue Appellate Authority, the agricultural land of land holder Kishore Singh of 159 bighas and 5 biswa was allotted under the provisions of the Rajasthan Imposition of Ceiling on Agricultural Holdings Rules, 1973 to 11 landless persons, the private respondents herein and the details of which as given in Annex.3 produced with the writ petition are as under : JUDGEMENT_3648_RAJLW4_2013h1.jpg JUDGEMENT_3648_RAJLW4_2013h2.jpg
(3.) THE ceiling proceedings were sought to be reopened against Kishore Singh under the provisions of Section 15(2) of the Ceiling Act, 1973 by the State Government. However, upon contest raised to the Said notice, the concerned Deputy Secretary, Revenue (Ceiling) Department of the State Government dropped the said notice by passing a detailed order in favour of the land holder and he found that actually there was no excess or surplus land over the ceiling limit in the hands of land holder and thus, the proceedings for reopening the ceiling case were liable to be dropped. The relevant extract of the order dated 7.12.1983 passed by the learned Deputy Secretary is quoted below for ready reference: JUDGEMENT_3648_RAJLW4_2013t1.jpg;