RAMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS application is directed against the order of the Board of Revenue dated 11th April, 1958. The petitioners pray that a writ of cert orari may be issued quashing the order in question on the ground that the Revenue Board had no jurisdiction to pass that order.

(2.) THE relevant facts are brief. It appears that on the 27th of May, 1957, while the Settlement proceedings were going on in that locality, a petition was filed before the Assistant Settlement Officer, Pali, on behalf of certain persons. THE Board remarks that on the face of the petition itself or on the reverse of it there is nothing to show as to when and by whom and before whom the petition had been actually presented. THE order sheet shows, however that on the same day the application was taken up at the site and after examination of a few witnesses the Assistant Settlement Officer ordered that different areas should be taken out from the Khatedari Parchas of different tenants and recorded as Jagir Ghair Munkin Rasta. Strangely enough the persons from whose plots these areas were taken out and treated as Rasta were neither called nor examined nor were they given any opportunity to show that the procedure adopted by the Assistant Settlement Officer was highly irregular and arbitrary. When some of the persons affected came to have knowledge of the order, they preferred an appeal on the nth] of September, 1957, to the Collector. A preliminary question arose before the Collector as tot whether the appeal was in time. It was contended by the petitioners that the appeal was beyond time whereas the respondents who were the appellants there contended that they having no knowledge of the matter they could not prefer an appeal earlier. THE Additional Collector, who decided the matter by order dated 1st February, 1958, held that the appeal should be taken to be within time and condoned the delay in the presentation of the appeal. Against this order the petitioners moved the Board of Revenue in revision, which resulted in the order in question before us.