DASHRATHI DAS Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution.

(2.) THE petitioner applied for the grant of a Patta in respect of the land in suit which consists of Khasra No. 584 of village Datia Gird, area 10 acres, known as "Radhasagar". On 2-12-1957 the Assistant Gollector granted Patta to the petitioner. THE grant of Patta is being challenged by the Government and the Board of Revenue in exercise of its revisional powers has set aside the Patta and remanded the case to the Assistant Collector for a fresh decision regarding the grant of Patta. In the mean time the petitioner had applied for the land in dispute being assessed to land revenue. THE assessment of the land was made by the Collector at Rs. 5,000 on the basis of the lease money fetched by the land at an auction held in the year 1953-54. Being aggrieved by this assessment the petitioner went up in appeal before the Commissioner and thereafter the Board of Revenue, unsuccessfully. He has, therefore, filed this petition challenging the order of assessment praying for a writ directing a fresh assessment of the land.

(3.) THE revenue Courts have also relied on the entry made by the Settlement Commissioner in the assessment Book of the Settlement of Samvat 2000. THE entry is to the effect that since no rates can be fixed for the area which lay in the bed of tanks the best course would be to let out the area at the rents which are offered at an open competition. This is entirely a different matter. THE procedure suggested in the entry is apparently applicable to lands which are leased out from year to year. It cannot be followed in a same way where a Patta is granted in respect of the land. This entry could not, therefore, furnish a guide for the assessment in this case.