1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER State of Rajasthan Vs. Gurucharan Singh & Ors. S.B.CIVIL WRIT PETITION NO.6188/2008 Date of Order : : 27/08/2008 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr.O.P.Boob, Addl.Govt.Counsel for the petitioner BY THE COURT: By the instant writ petition under Article 227 of the Constitution of India, the petitioner-State has challenged the order Annex.4 dated 4th January, 2006 passed by the respondent-Board of Revenue. I have heard learned Additional Government Counsel appearing for the petitioner-State and perused the order Annexure-3 passed by the Additional Collector as also the order impugned Annexure-4 passed by the respondent Board of Revenue. 2 It appears that the Government decided to re- open the old ceiling matters, however, subsequently, Government did not think it to continue with such re-opening of the matters and by order dated 25th March, 1989, withdrawn the order directing re-opening of the ceiling proceedings. Since the ceiling proceedings on order of re- opening the proceedings were initiated, therefore, the respondent Additional Collector declined to close the proceedings even after withdrawal of the order of the State Government directing for re-opening of the ceiling proceedings. After withdrawal of order by the State Government, there being no order for re-opening of ceiling proceedings and, therefore, there was no basis for the Additional collector for proceeding with the matters. That order of the Additional Collector came to be challenged by the respondents-Gurucharan Singh & others before the Board of Revenue. The Board of Revenue held that the order under challenged passed by Additional Collector placing reliance on a decision of Board of Revenue referred therein but no such decision has been made by the Board of Revenue, even otherwise, after a lapse of more than 18 years, a notice of re- opening was said to have been issued and, therefore, cannot be justified and accordingly, allowed the application filed by 3 the respondents Gurucharan Singh & Others. Hence, this writ petition. I have carefully perused the order passed by respondent Board of Revenue. In my view, the respondent Board of Revenue was justified in allowing the application and setting aside the order dated 9th June, 1998 passed by the Additional Collector. In the circumstances, therefore, I do not find any good ground to interfere in the order impugned invoking extra-ordinary jurisdiction of this Court under Article 227 of the Constitution of India, The writ petition is, therefore, dismissed summarily. No order as to costs. The prayer for interim relief stands rejected. (H.R.PANWAR), J. NK