D.C. Dalela, J. - (1.) The substituted present appellants are the legal representatives of the original appellant, Baldev, who has expired during the pendency of this appeal and who was holding the lands in question on the appointed date 1.4.1966.
(2.) On the enforcement of Chapter Ill-B of the Rajasthan Tenancy Act, 1955 (herein-after referred to as 'the Old Ceiling Law') the original appellant filed a return in respect of his 77 bighas and 19 biswas of land which he was holding in village Richahedi, Jiyahedi and Surela of Tehsil Digod, District Kota, which were in Group 2 under Rule 19 of the Rajasthan Tenancy (Fixation of Ceiling of Land) Rules, 1963 (hereinafter referred to as 'the Old Ceiling Rules'). The Sub-Divisional Officer, Kota, vide his order dated 31.3.1975 computed the land equivalent to 17.49 standard acres while the ceiling limit was 30 standard acre and as such dropped the proceedings.
(3.) Thereafter the new ceiling law contained in the Rajasthan Imposition of Ceiling on Agricultural Holding Act, 1973 (hereinafter referred to as 'the New Ceiling Law') came into being. Under Section 15(2) of the New Ceiling Law, the State Government ordered the case of the original appellant to be reopened and re-decided after providing the opportunity of hearing to him in accordance with the repealed Old Ceiling Law and Old Ceiling Rules. Thereupon, the Additional Collector (Colonisation), Kota, after notice to the original appellant vide his order dated 17.9.1981 held that as the total holding was in the Chambal Command area, though the aforesaid villages fell in Group 2 and as such the holding was equivalent to 35.86 standard acres, treating five members in the family he declared 5.86 standard acres as surplus land and directed it to be acquired. The proceedings before the Additional Collector (Colonisation), were exparte against the original appellant. Then the matter was carried in appeal before the learned Board of Revenue which by its order dated 14.5.1982 dismissed the appeal. Subsequently, the review application filed by the original appellant was also dismissed by the Board of Revenue. The original appellant then approached the High Court by way of writ.petition No. 405/83 which was dismissed by the learned Single Judge on 5.4.1983. Against the order of the learned Single Judge, this special appeal has been preferred.;