M.N. Bhandari, J. - (1.) BY these writ petitions, a challenge is made to the order dated 27.02.1993 passed under Section 15(2) of Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (in short "Act, 1973"). The other challenge is to the order dated 28.10.1993 passed by the Board of Revenue in appeal preferred by the petitioners.
(2.) LEARNED counsel submits that ceiling case of petitioners was finalized under the old Ceiling Act however it was re -opened without a notice to the petitioners. A notice was given only to the co -tenant, Gopal and not to the petitioners thus the order dated 27.02.1993 was passed in violation of the principles of natural justice and provisions of Act, 1973. The case could have been reopened and decided after notice to the petitioners. The impugned orders thus deserve to be set aside on this ground alone. It is further stated that before passing the order, the respondents were under an obligation to cause inquiry and to find out number of units for determination of land, whether coming under the ceiling. The respondents failed to do so and passed erroneous order without ascertaining as to how many units exist in the family of the present petitioners. They clubbed all the family members to determine ceiling limit of 60 bighas. The authority further committed illegality in drawing presumption of maximum 5 members as provided under the new law, whereas a case settled under old law and on reopening, has to be determined as per old law.
(3.) LASTLY it is contended that even nature of soil was required to be ascertained as it cannot be decided based on presumption. It is moreso when nature of the soil determines ceiling limit to occupy the land. The respondents failed to consider the aforesaid and treated the land under command area.;