BALWANT KAUR WIDOW OF SUCHCHA SINGH Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2017-8-237
HIGH COURT OF RAJASTHAN
Decided on August 16,2017

Balwant Kaur Widow Of Suchcha Singh Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

NIRMALJIT KAUR, J. - (1.) For the reasons mentioned in the application (APPLW No. 3989/2017), the same is allowed to the extent that the documents annexed with the application are taken on record. Learned counsel for the parties agree that the matter can be disposed of today itself being covered.
(2.) The present writ petition has been filed for quashing of the Order and Judgment dated 14.12.1992 passed by the Additional District Collector, Sri. Ganganagar as well as Order dated 05.08.2000 passed by the Board of Revenue, Ajmer dismissing the appeal filed by the petitioners against the Order and Judgment dated 14.12.1992 vide which the land possessed by Kesar Singh was held to be beyond the ceiling limits.
(3.) The ceiling proceedings initiated against Kesar Singh under the old ceiling law i.e. Act of 1955 were dropped vide Order dated 17.07.1971. Thereafter, the proceedings were again initiated against Kesar Singh under the new ceiling law i.e. Act of 1973. However, the said proceedings were also dropped vide Order dated 06.05.1975 passed by the Additional Collector, Raisinghnagar holding that Kesar Singh had no surplus land. Thereafter, the State Government in exercise of its powers under Section 15(2) of the Act of 1973 ordered for re-opening of the proceedings vide Order dated 31.07.1981. Thereafter, the matter was decided by the Additional Collector vide Order and Judgment dated 14.12.1992. The appeal against the said order too was dismissed by the Board of Revenue vide Order dated 05.08.2000. The question here is as to whether the proceedings under Section 15(2) of the Act of 1973 could have been re-opened once the same had been dropped.;


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