- (1.) ALL these three cases arise in identical circumstances as such they are disposed of by one single order.
(2.) THE controversy raised in the present cases is that proceedings were initiated under Chapter III -B of the Rajasthan Tenancy Act, 1955. Those proceedings were ultimately dropped by order dated 14th January, 1971 by the Sub Divisional Officer, Baran. Thereafter the Assistant Collector, Baran started afresh proceedings under Rajasthan imposition of Ceiling on Agricultural Holdings Act, 1973 (here in after referred to as 'the Ceiling Law'). The Assistant Collector, decided the case by order dated 28th Feb. 1976. An appeal against that order was filed before the Additional Collector Kota. The Additional Collector, Kota by order dated 4th August, 1976 remanded the case to the Assistant Collector, Baran for determining the ceiling area afresh. The Assistant Collector after remand again decided the case. Aggrieved parties again went in appeal against these orders before the Add Collector, Kota and the Additional Collector by order doted 4th April, 1985 remand the case to Assistant Collector, Shahbad for deciding the matters fresh under the new Ceiling Law. In the meantime the Deputy Secretary, Revenue by different orders dated 16th June, (978, 4th July 1978 and 10th July, 1978 reopened the proceedings under Section 15(2) of the new Ceiling Law. The effect of this order was that the proceedings were stated afresh by the Additional Collector, Kota under the old Ceiling Law i.e. under Chapter III -B of the Rajasthan Tenancy Act, 1955. The Additional Collector decided the matter on 5th November, 1979. The appeals filed by the petitioners to the Board of Revenue, were dismissed by order dated 16th December, 1985 and a review petition was also dismissed on 17th March, 1986. In these circumstances these writ petitions have been filed by the petitioners.
(3.) MR . Mehrish learned Counsel for the petitioners contended that the proceedings cannot be continued simulianeously under the old Ceiling Law as well as under the new Ceiling Law. It is submitted that when the proceedings which were initiated by the Assistant Collector and determined en 28th February, 1976 are still pending before the Assistants Collector. Shahbad in view of the remand order of the Additional Collector, Kota dated 4th April 1985, the proceedings could not have been repened under Section 15(2) of the new Ceiling Law by the Deputy Secretary, Revenue. On the other hand Mr. Pareek, the learned Add Government Advocate submitted that the case is fully covered by a judgment of this Court in State of Rajasthan v. Prithvi Singh and Ors. 1986 R.L.R. 32. It has been further submitted that in view of the above decision, the State Government is entitled to get ceiling area determined either under the Old Ceiling Law or under the New Ceiling Law or under the New Ceiling Law which ever is beneficial to the State Government Reliance in this regard is placed on the following observations made an Prithvi Singh's case (supra): We may further make it clear that there is no force in the contention of learned Counsel for the and holders that even if Proviso 2 to Sub -section (1) of Section 4 is applied, the Authorized Officer can only determine the ceiling area applicable to him according to Old Law, bus the question of a definition of 'family', recognition to transfer etc., should be determined according to the provisions of the new ceiling law. In other words, the contention of the learned Counsel for the land holders is that the provisions of the Proviso 2 to Sub -section (1) of Section 4 of the new ceiling law is only restricted for the purposes of calculation of ceiling area according to new or old law, but all other matters like definition of family, recognition of transfers, vesting of surplus land, selection of land within ceiling area, determination of amount for acquisition, should all be governed by the provisions of the new ceiling law. We find no force in this contention. In our view so far as the provisions which have direct bearing in the calculation of the ceiling area like, who can be included in the definition of family, recognition or non -recognition of certain transfers etc. will be applied as contained in the old ceiling law if the Authorized Officer wants to bring the case under Proviso 2 to Sub -section (1) of Section 4. If the contention of learned Counsel for land holders is accepted this would make the provisions of the second proviso totally redundant and office. If their contention is accepted and the area is calculated by taking the definition of family and recognition of transfers under the new Act, the question of applying the provisions of old ceiling law will be out of question. This would also result in giving unfair returns under the old ceiling law even though they had become trespassers over the excess land in which the right of the State Government had perfected. It is how ever, made clear that the Authorised Officer shall apply the provisions of the repealed law when it arrives a finding that the ceiling area applicable to any person or family in accordance with Section 4 of the new ceiling law exceeds the ceiling area applicable to such person or family according to the provisions of law replaced by Section 40. ;