Ajay Rastogi, J. - (1.) INSTANT intra -court appeal has been preferred against order of the ld. Single Judge dt. 18.12.1997 confirming order of the Additional Collector, Baran in upholding the proceedings initiated against the appellant under the Rajasthan Imposition of Ceiling & Agricultural Holdings Act, 1973 (hereinafter referred to as "the New Ceiling Act") dt. 31.03.1981 read with order dt. 26.06.1982 and affirmed by the Board of Revenue vide order dt. 11.09.1985.
(2.) THE brief facts of the case which have been extensively taken care of by the ld. Single Judge under order impugned and for our consideration are that the appellants hold in the joint khatedari 185 bighas & 7 biswas of land in village Seesawali, Tehsil Mangrol, District Kota. The proceedings u/Sec. 3 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as "the Old Ceiling Act") were initiated by the Sub Divisional Officer against the appellants Chhitar Lal & Ratan Lal but dropped vide order dt. 08.05.1972. The Dy. Secretary thereafter issued a show cause notice to the assessee as to why the case be not reopened u/Sec. 15(2) of the New Ceiling Act and after taking note of the written objections filed by the assessee, it was ordered to reopen the ceiling proceedings and the Additional Collector, Baran was authorized to reopen the proceedings. The Dy. Secretary in its order dt. 06.12.1978 observed that the Sub Divisional Officer has passed an illegal order and the law postulates to reopen the ceiling proceedings in exercise of power u/Sec. 15(2) of the New Ceiling Act and the primary reason which prevailed upon the authority was that it has to be ascertained whether the land was irrigated or otherwise and after the notice came to be issued to the assessee under the New Ceiling Act and after hearing both the parties, the Additional Collector, Baran has come to the conclusion that the appellants actually possess 185 bighas & 7 biswas of land equivalent to 100.53 standard acres of land in the village and after making certain deductions of 2.85 standard acres, it was ultimately held vide order dt. 31.03.1981 that the appellants were in possession of 181 bighas & 12 biswas of land and by converting the same, the possession was held to be of 97.98 standard acres and the appellants were allowed to retain the permissible area of 30 standard acres each and 8.70 standard acres of land was held to be surplus. It is further observed by the Additional Collector in its order dt. 31.03.1981 that village Seesawali is situated in Chambal Command Area and taking the intensity of irrigation as 79% each of the appellants was entitled to retain only 30 standard acres.
(3.) HOWEVER , the claim of the assessee -appellants was that they have already surrendered 29 bighas 8 biswas of land under the New Ceiling Act and, therefore, on the application having been moved by them on 08.07.1981, the Additional Collector has made certain corrections in its order to the effect that land measuring 29.8 bighas has already been surrendered by the assessee -appellants under the New Ceiling Law and that land deserves to be adjusted under the proceedings initiated under the Old Ceiling Act and this clarification was made on the request made by the assessee vide order dt. 24.06.1982 substantially there remains no grievance of the appellants which could still be available for further adjudication.;