Shiv Kumar Mansinghkha and Others vs State of Rajasthan and Others

Govind Mathur, J.—It is submitted by learned counsel for the parties that the controversy involved in this special appeal is no more res integra in view of Full Bench Judgment of this Court in Sahas Karon vs. State o/Rajasthan and Ors., 2011 (4) WLN 384 (S.B. Civil Writ Petition No. 2598/1989 & two others decided on 13.4.2011). In the matter aforesaid, a Full Bench of this Court held that the law laid down by Division Bench of this Court in Pari Devi vs. State of Rajasthan, 1984 RLR 931 still holds the field and as per the ratio of that case it was not open to the authority competent to proceed against under Chapter-Ill of the Rajasthan Tenancy Act, 1955 after initiation and culmination of the proceedings in favour of agricultural land holder under Sec. 15 (4) of the Rajasthan imposition of ceiling on Agriculture Holdings Act, 1973.

In light of the legal position above we examined the facts of the instant case and are satisfied about the statement made by learned counsel. Accordingly, this special appeal is allowed. The judgment passed by learned Single Judge in S.B. Civil Writ Petition No. 2780/1989 (Ram Pyari & Ors. vs. Board of Revenue & Ors.) on 19.12.2001 is set aside. The order dt. 28.2.1984 passed by the Additional Collector, Bhilwara in Case No. 59 of 1983 (State vs. Sanwar Mal) is quashed.