P.S. Asopa, J. - (1.) SINCE the common set of facts and question of law relating to authority of the State Government to withdraw the notice issued under Section 15(2) of the Rajasthan Imposition of Ceiling. on Agricultural Holdings Act, 1973 (hereinafter to be referred as "the Act of 1973") are involved in all these three writ petitions, therefore, all the three petitions are heard together and further are being decided together.
(2.) BY the aforesaid writ petitions, the petitioners have mainly challenged the judgment of Larger Bench of Board of Revenue dt. 19.06.1995 whereby it has been held that the State Government cannot stay/review/withdraw or rescind an order passed by it under Section 15(2) of the Act of 1973, after the same has been complied with by the Additional Collector. The other ancillary/ consequential prayers have also been made. Briefly stated the relevant facts of the case are that the present petitioners are ultimate transferee of the land initially held by Narendra Singh, against whom the ceiling proceedings were initiated and the same were dropped on 19.04.1971. No appeal was filed by the State Government against the order dt. 19.04.1971, but a notice/order under Section 15(2) of the Act of 1973 was issued to Narendra Singh on 29.01.1980 for re -opening of the proceedings. The Additional Collector, Sriganganagar in pursuance of the order of the State Government dt. 29.01.1980 passed an order on 25.01.1982 for declaring 623 Bigha 8 Biswa land surplus with a further direction to take the possession of the same. Against the said order dt. 25.01.1982, the petitioners filed appeals under Section 23(2A) of the Act of 1973 before the Board of Revenue. In few cases, during the pendency of the proceedings before the Board of Revenue, the State Government by a detailed order of the Revenue Minister dt. 29.06.1988 withdrew the notice/order dt. 29.01.1980 on the ground that the same was issued without service of notice on the assessee Narendra Singh and the Hon'ble Minister vide its order dt. 05.05.1991 held that Shri Narendra Singh did not hold any land in excess of the limit and the notice was dropped. In pursuance of the order of the Minister dt. 05.05.1991, the State Government issued an order on 18.05.1991 that reopening orders dt. 29.01.1980 and 14.04.1980 are set -aside. This order was addressed to the Registrar, Board of Revenue where appeals/review petitions were pending. Learned Single Member, who was seized with the appeal/review referred the matter to the larger Bench of the Board of Revenue on the following point: Whether the State Government can stay/review/withdraw or rescind an order passed by it under Section 15(2) of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 after the same has been complied with by the Additional Collector?
(3.) BEFORE the larger Bench of the Board of Revenue, the Government Advocate took the preliminary objection that the larger Bench has no jurisdiction to hear this case and the Single Member has no jurisdiction to refer the matter to the larger Bench. The larger Bench of the Board of Revenue over -ruled the said objection of the State Government and decided the case and vide its order dt. 19.06.1995 held that the State Government has no power to withdraw its reopening order under the Act of 1973. Against the said order, the present writ petitions have been filed.;