JUDGEMENT
Vineet Kothari, J. -
(1.)HEARD the learned Counsel for the parties.
(2.)THE State Government has filed this writ petition challenging the order of the Board of Revenue dated 29.3.2004 whereby the Board of Revenue held that the application filed by the respondent Mandhata Singh S/O Sangram Singh for compensation under the Ceiling Law should be treated as filed within limitation and directed the competent authority to decide the amount of compensation in accordance with provisions of Section 19(3), (4), (5) and (6) of the Rajasthan (Imposition of Ceiling on Agricultural Land) Act, 1973.
The learned Counsel for the petitioners State has urged that the application for compensation filed by the respondents on 9.7.2001 before SDO, Bhim was filed after approximately 20 years of the order passed by the SDO, Bhim under the old Ceiling Act on 27.11.1981 in Case no. 14/1964 and therefore, the respondent was not entitled to be paid said compensation. He has supported the order passed by the SDO on 21.12.2002 rejecting the said claim of compensation which was upheld by the Dist. Collector, Rajsamand vide his order dated 16.5.2003. The respondent had filed an appeal against these two orders before the Board of Revenue which came to be allowed by the Board of Revenue by the impugned order dated 29.3.2004 holding that said application could not be held to be time barred.
(3.)ON the side opposite, Mr. Manish Shishodia, the learned Counsel appearing for the respondent has pointed that in para 9 of the impugned order dated 29.4.2003, the learned Board of Revenue has clearly noticed that the said respondent had already filed an application for compensation under the provisions of Section 30E of the old Ceiling Law and SDO, Bhim had even obtained report of Tehsildar about the surplus land acquired from the respondent under the provisions of Section 30E of the said Act. The learned Board of Revenue has also noticed from proceedings of case no. 14/1964 that the appellant present respondent in this writ petition had filed the said application along with annexures. This fact was also confirmed in the letter of Tehsildar dated 18.6.2001 that the proceedings against the present respondent had concluded under the old Ceiling law and if the SDO, Bhim intends to undertake proceedings for compensation under the new Ceiling Law, the present land owner i.e. Tehsildar has no objection. When the compensation proceedings under the new law were to be concluded by the SDO, Bhim, the authorized officer under the new Ceiling Law on 21.12.2000, two days prior to that, on an objection filed by the Government pleader before the SDO, Bhim on 19.12.2000 raising objection that the application for compensation was filed by the respondent belatedly, the impugned order dated 21.12.2000 was passed by the learned SDO, Bhim holding the claim to be time barred and thus, rejecting the said claim. The said order as already observed was upheld by the Collector, Rajsamand by his order dated 16.5.2003.
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