SHIV KUMAR SHARMA,J. - (1.) Prayer of the petitioners, in the instant writ petition, is as under:- (i) to quash the orders dated June 25, 1988 of Additional Collector (Ceiling) Kota and July 18, 1989 of Board of Revenue for Rajasthan Ajmer; (ii) to declare that Mohan Lal is entitled to be recognised as separate unit and the lands held by him cannot be clubbed with his deceased father Amar Lal. (iii) to drop the ceiling proceedings initiated under the old Ceiling Law against deceased Amar Lal and the petitioners.
(2.) Contextual facts depict that Sub Divisional Officer Kota (SDO) on April 26, 1975 dropped ceiling proceeding initiated under Chapter III-B of Rajasthan Tenancy Act,1955 (for short 'Old Ceiling Law') against deceased Amar Lal and co-tenant Buchi Lal. Deputy Secretary Revenue, Ceiling Department however on October 29, 1980 ordered reopening of ceiling case of deceased Amar Lal. The Additional Collector (Ceiling) Kota vide judgment dated June 25, 1988 held that lands in possession of deceased Amar Lal were ancestral properties in their hands and the petitioner Mool Chand was allowed to retain in lieu of his separate ? share, 19.60 standard acres of land on the ground that he was major on April 1, 1966. The share of Mohan Lal was clubbed with that of deceased Amar Lal on the ground that Mohan Lal was minor on the appointed date i.e. April 1, 1966 and taking the holding of deceased Amar Lal to be 39.20 standard acres, he was allowed to retain 30 standard acres and 9.20 standard acres of land were declared surplus. However Buchilal's son Ram Karan was declared as separate unit and allowed to retain 1.56 standard acres of land as fragment. The appeal preferred against the order dated June 25, 1988 was dismissed by the Board of Revenue on July 18, 1989. Hence this petition.
(3.) The only contention of learned counsel for the petitioners is that Amar Lal's son Mohan Lal was major on April 1, 1966 and was wrongly treated dependant on Amar Lal. It is canvassed that in the return filed by Amar Lal on January 7, 1971 the age of Mohan Lal was shown as 20 years and according to report of Tehsil dated December 2, 1983 he was 18 years of age on April 1, 1966. There was no reason therefore for the Additional Collector to come to the conclusion that Mohan Lal was minor on the relevant date.;