N.M. KASLIWAL, J. - (1.) AS identical questions of law are involved in all the above special appeals, the same are disposed of by one single order.
(2.) IN order to appreciate the questions of law arising in these cases, we would like to narrate the facts of one case in S.B. Civil Writ Petition No. 1274/ 75 Prithvi Singh Vs. The State of Rajasthan. The petitioner held 47 Bighas 7 Biswas of land in Village Palkiya, Tehsil Sangod, District Kota. The petitioner filed a return on 3.1.74 u/s 10 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973, hereinafter referred to as 'new ceiling law'. The Sub Divisional Officer, Ramganj Mandi passed an order on 10.4.75 (Annexure-2) that the matter was to be decided under the old ceiling law and as the case had not been registered under the old ceiling law, the same be registered now, and proceedings be taken up separately. It was further directed that the petitioner should file a return under the old ceiling law taking the appointed date as 1.4.66 and granted time to file the return upto 28.4.75. It was further directed that proceedings under the new ceiling law may be kept pending till the final determination of the proceedings under the old ceiling law. The petitioner aggrieved against the order of the Sub Divisional Officer, filed an appeal before the Revenue Appellate Authority, Kota. The Revenue Appellate Authority dismissed the appeal by order dated 31.5.75 (Annexure-3). The petitioner, then, filed a return on 26.6.75 and the S.D.O. Ramganj Mandi after receiving an enquiry report from the Tehsildar, issued a notice to the petitioner under Rule 14 of Rajasthan Tenancy (Fixation of Ceiling of Land), Government Rules, 1963 hereinafter referred to as 'Rules of 1963'. The S.D.O. fixed 7.8.75 for further proceedings in the case. The petitioner, in the meanwhile, filed a writ petition on 2.8.75 and obtained an order on the stay application for restraining the respondents from taking proceedings under the provisions of Chapter 1II-B of the Rajasthan Tenancy (Fixation of Ceiling of Land) Government Rules, 1963. The above interim stay order was subsequently confirmed to last till the final disposal of the writ petition. The above writ petition and other identical matters, then, came up for hearing in May, '84. The learned Single Jugde, after taking into consideration several other decisions of this Court, held that after the old Act, i.e. Chapter III-B contained in the Rajasthan Tenancy Act, 1955, having been repealed by Section 40 of the new ceiling law, notice under the old Act after repeal, was patently illegal and cannot be sustained. It was, however, observed by the learned Single Judge that 'whether the respondents can give notice under the New Act and decide the matter under the Old Act, is not for him to decide, because it has been already decided by Division Bench of this Court in Sumitra Kaur Vs. Authorised Officer (Sub Divisional Officer), Sri Ganganagar (1). The learned Single Judge as such, set aside Annexures-2, 3 and 4 and some other Annexures in the other identical writ petitions. The learned Single Judge, by order dated May 23, 1984, decided 8 writ petitions by one common order and the State of Rajasthan, aggrieved against the aforesaid judgment, has filed these special appeals.
(3.) IN order to appreciate the controversy raised in the present case, which is of great importance, and will affect large number of cases, we deem it proper to mention the relevant law and the cases decided by this Court. The Rajasthan Tenancy Act, 1955 was enacted to consolidate law relating to tenancy of agricultural lands, and to provide for certain measures of land reforms. The law imposing ceiling on agricultural holdings was first introduced in Rajasthan in the Tenancy Act by the Amending Act No. 4 of 1960. This Tenancy Amendment Act No. 4 of 1960 was brought into force on 15th December, 1963. The law relating to ceiling was incorporated in the Rajasthan Tenancy Act, 1955 by introducing Chapter III-B and not by a separate law on ceiling of agricultural holdings. Though, this Amending Act came into force on 15.12.1963, but its provisions could not be made operative in absence of notification for the notified date as was required by section 30-E. Thereafter, the notified date was fixed as 1.4.66 by the State Government vide notification dated February 11, 1966. The date so notified for the purpose of section 30-E was in respect of areas except the Rajasthan Canal Project area. The directions were contained in the said notification to the effect that declaration in accordance with Rule 9 of the then ceiling rules should be filed within six months from the notified date (1.4.66). As this proved of no avail, the State Government further issued order to all Collectors for acquisition of land from land holders who had land in their possession in excess of 90 standard acres, vide notification dated 7.6.68. The Amending Act, however, remained in abeyance in respect of 30 standard acres and it was enforced for acquisition of lands in excess of 30 standard acres vide notification dated March 7. 1979 whereby the said notification of 7th June, 1968 imposing ceiling upto 90 standard acres was superseded. Thereafter, the law as contained in Chapter III-B and section 5 (6A) of the Rajasthan Tenancy Act, 1955 was repealed by the Rajasthan Imposition of Ceiling on Agricultural Holdings Ordinance, 1973 (Rajasthan Ordinance 1 of 1973), except as provided in the second proviso to sub-section (1) of section 4 and in sub-section (2) of section 15 of the Ordinance. This Ordinance provided a new scale of ceiling area It was promulgated by the Governor on the first day of January, 1973. Thereafter, the above Ordinance was replaced by the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 by the Rajasthan Legislative Assembly as Rajasthan Act No. 11 of 1973. This Act was brought into force with effect from the first day of Jan., 1973 in the whole of the State, except the Rajasthan Canal Project Area where it came into force with effect from the 6th day of April, 1973. We would reproduce section 4 and section 40 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 as the same would have direct bearing on the controversy raised in these cases. "Section - 4. Ceiling area - (1) In the case of every person not being a family and in the case of every family consisting of five less than five members (hereinafter referred to as "the primary unit" of family), the ceiling area applicable to such person such family shall be in respect of - (a) land under assured irrigation capable of growing at least two crops in a year (hereinafter referred to as the "land under assured irrigation"), 18 acres; (b) land under assured irrigation capable of growing at least one crop in a year, 27 acres; (c) land under orchard existing on 23rd July, 1972, 54 acres; (d) land not within categories specified in clauses (a) to (c) and falling in fertile zone as described in the Schedule, 48 acres; (e) land not within categories specified in clauses (a) to (d) and falling in semi-fertile zone as described in the Schedule, 54 acres; (f) land not within categories specified in clauses (a) to (e) and falling in hilly zone as described in the Schedule, 54 acres; (g) land not within categories specified in clauses (a) to (f) and falling in semi desert zone as described in the Schedule 125, acres; and (h) land not within categories specified in clauses (a) to (g) and falling in desert zone as described in the Schedule, 175 acres. Explanation: - Land irrigated by a well shall not be deemed to fall within the categories of land specified in clause (a) and clause (b) of this sub-section and shall be deemed to fall within the categories specified in clause (d) thereof: Provided that where members of a family exceed five, the ceiling area in relation thereto shall be increased by one-fifth for each additional member so however that the total ceiling area applicable to such family does not exceed twice the ceiling area applicable to a family consisting of five or less than five members; Provided further that if the ceiling area applicable to any person or family in accordance with this section exceeds the ceiling area applicable to such person or family according to the provisions of law repealed by section 40, in that case, the ceiling area applicable to such person or family will be the same as was under the provisions of the said repealed law. (2) A person may also select land for a separate unit upto the ceiling area of the primary unit for each separate unit; Provided that where the separate unit also holds any land or share in land, the same shall be taken into account for calculating the ceiling area. (3) The question whether any land is assured of irrigation from Government or private source capable of growing two crops or one crop in a year shall be determined by the Authorised Officer in such manner as may be prescribed." Section 40-Repeal and Savings: (1) Except as provided in second proviso to sub-section (1) of sec. 4 and in sub-section (2) of sec. 15 of this Act, the provisions of clause (6A) of section 5 and Chapter 1II-B of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) are hereby repealed except in the Rajasthan Canal Project Area wherein such provisions shall stand repealed on, the date on which this Act comes into force in that area. (2) The Rajasthan Imposition of Ceiling on Agricultural Holdings Ordinance, 1973 (Rajasthan Ordinance 1 of 1973) is hereby repealed. (3) Notwithstanding the repeal of the said Ordinance, under sub-section (2), anything done or any action taken or any rules made under the said Ordinance shall be deemed to have been done, taken or made under this Act and section 27 of the Rajasthan General Clauses Act, 1955 (Rajasthan Act 8 of 1955) shall apply to such repeal and re-enactment." ;