P.C.JAIN,J. - (1.) BY this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the legality of the order Ex. 3 dated 29.10.1996 passed by the State Govt. in exercise of its powers conferred by Section 15(2) of the Rajasthan Imposition of Ceilings on Agricultural Holdings Act, 1973 (for short 'the Act) whereby proceeding for determination of ceiling area were reopened against the petitioner under Chapter III -B of the Rajasthan Tenancy Act.
(2.) THE brief facts of the case are that initially proceedings for determination of ceiling area were initiated against the petitioner under Chapter III -B of the Rajasthan Tenancy Act by the Sub -Divisional Officer, Raisinghnagar. On enquiry, the Sub -Divisional Officer came to the conclusion that the petitioner did not possess the land in excess of the ceilings fixed under the provisions of the Act and those proceedings were dropped vide order Ex. 1 dated 22.3.1971. Thereafter, proceedings for determination of the ceiling area of the petitioner were again initiated by the Sub -Divisional Officer under the provisions of the Act of 1973. The Authorised Officer (Sub -Divisional Officer) decided the case vide his order Ex. 2 dated 20.10.1975. The petitioner filed an appeal against the order Ex. 2 dated 20.10.1975 before the District Collector, Sri Ganganagar, who dismissed the same. Thereafter, the petitioner filed an appeal against the order dated 20.10.1975 before the Board of Revenue for Rajasthan at Ajmer but that too met the same fate.
(3.) THE petitioner has eventually filed D.B. Civil Writ Petition No. 1661 of 1976, which is pending before this Hon'ble Court. That writ petition has been admitted by this Hon'ble Court and even an interim order staying delivery of possession of land in dispute has been passed.;