MANGILAL Vs. CHHOTU

JUDGEMENT

(1.) THIS is a reference from a Division Bench posing the following questions: - " (1) Whether u/secs. 75 and 76 of the Rajasthan Land Revenue Act, as they stand at present, appeals lie to the Board in matters other than judicial matters', terms 'judicial matter' being understood as in sub-sec. 2 of sec. 23 of the Act and (2) If so, whether the Board's decisions in appeals in non-judicial matters shall be subject to revision by the State Government under Section 83 of the Act. "

(2.) THE considerations which led to the reference were as given by learned coun-sel for respondent No. 1 in the appeals which were before the Division Bench, in his rejoinder. THE relevant para from the reference is reporoduced below: - "learned counsel for the respondent No. 1 in rejoiner argued that the discussion in 1968 R. R. D. 130 did not cover all aspects of the matter. THE position arising out of it would create anomalies. Firstly, while the Board would be able to hear appeals in non-judicial matters, it would not be able to inter-fere by way of revision in cases of non-exercise of jurisdiction, or transgression 8ion of jurisdiction, or illegality or material irregularity in the exercise of jurisdiction, in similar matters. Secondly, after the Board has decided a matter in appeal, it would still be possible to agitate the matter before the State Government exercising the revisional powers in non judicial matters under sec-tion 83. THE State Government would then be sitting in judgment over the decisions of the Board. Again, while appeals in non-judicial matters would be heard by the Board, the control over such matters would vest not in the Board but in the Government in accordance with Section 23. "

(3.) LEARNED counsel said that wherever these factors or substantial elements thereof operate, there is a judicial matter involved. The cumulative effect of the rulings cited by him, he said, was that wherever an officer has to apply a judicial mind and to adopt a judicial process in deciding questions affecting parties, under the Act or Rules made thereunder, and his decisions are subject to appeal, revision etc. , by a prescribed hierarchy, the proceedings are judicial.