The High Court, by the order under challenge, quashed the orders of the Deputy Secretary, Additional Collector and the Board of Revenue insofar as they relate to the re opening of the proceedings under Section 15 2 of the 1973 Act and the companysequential orders and further observed that the proceedings would companytinue before the Assistant Collector, Shahbad, pursuant to the order of remand and that he would be free to decide the ceiling area in accordance with the observations made in the order.
While the matter was pending before the Assistant Collector, in exercise of the power companyferred under Sub Section 2 of Section 15 of the 1973 Act, the Deputy Secretary to the Government of Rajasthan, reopened the order passed by the Sub Divisional Officer, Baran under the 1955 Act on January 14, 1971 and directed the Additional Collector, Kota to enquire into the matter and determine the ceiling area of the respondents.
1520 22 of 1994 The State of Rajasthan is in appeal against the companymon order of a Division Bench of the High Court of Rajasthan at Jaipur in Civil Writ Petition Nos.
The Additional Collector, accordingly, by order dated November 5, 1979, found that the lands held by the respondents were in excess of the ceiling limit.
The lands held by the respondents were again subjected to enquiry under the 1973 Act and by order dated February 28, 1976, the authorised officer decided that the respondents were having surplus land.
While so, the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 for short, the 1973 Act came into force on January 1, 1973.
2002 Supp 5 SCR 62 The following Order of the Court was delivered C.A Nos.
The matter was again taken in appeal to the Additional Collector, Kota, who, by his order dated April 4, 1985, again remanded the case to the authorised officer for fresh companysideration under the 1973 Act.
The authorised officer, after further enquiry, arrived at the same companyclusion which was reflected in his order passed on February 28, 1976.
1029, 1054 and 1956 of 1986, dated March 9, 1987.
The respondents filed an appeal before the Additional Collector, Kota the appellate authority under the Act who remanded the matter to the authorised officer.
Aggrieved thereby, the respondents filed three writ petitions before the High Court of Rajasthan.
It appears that a review petition was also filed by the respondents before the Board of Revenue but that also resulted in dismissal.
It was found that the respondents did number possess surplus land.
The respondents are landholders under the provisions of the Rajasthan Tenancy Act, 1955 for short, the 1955 Act .
Against that order, appeals were taken unsuccessfully to the Board of Revenue.
The holding of the respondents was determined by the Sub Divisional Officer, Baran on January 14, 1971.
Aggrieved by the said order, the State is in appeal before us.
The facts, insofar as they are relevant for our purpose, may briefly be numbered here.
