MOOL CHAND MEHRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these petitions are disposed of by this common order as the common question of law is involved in all these petitions. A short but important question of law involved in all these petitions is, "whether the report of allotting authority would supersede the report of Tehsildar or not?"

(2.) ALL the petitioners made an application before the Tehsildar under Rule 13 of the Rajasthan Colonisation (ALLotment of Govt. Land in I. G. N. P. Area) Rules, 1975 as a land less persons for allotment of land in the year 1990 and to issue certificates recording they being a land less persons which is known as "photo form". In all these cases, the Tehsildar submitted his report against the petitioners on the ground that they were not land less persons and their main occupation was business. This was based on the report of Patwari Halka. However, while submitting such report against the petitioners, the Patwari Halka or Tehsildar had not made any detailed enquiry as to business licence, registration of shops, sales tax number etc. As against that the Deputy Commissioner Colonisation, who is allotting authority, personally enquired from the villagers and after making detail enquiry he came to the conclusion that they were landless persons and, therefore, they were bonafide agriculturist. Accordingly, the allotting authority allotted land to the petitioners on 16. 12. 1992.

(3.) IT is true that all these petitions have wrongly been labelled as a petitions under Article 226 of the Constitution. IT is also true that the scope of this Court in its Supervisory jurisdiction under Article 227 of the Constitution of India is very narror and limited. This Court cannot interfere with the finding of fact recorded by the courts below. Ordinarily, this Court would have dismissed all these petitions on the ground that there are concurrent finding of facts recorded by the courts below which cannot be interfered with by this Court in its supervisory jurisdiction under Article 227 of the Constitution of India.