NARBADA PRASAD Vs. ONKAR MAL

JUDGEMENT

(1.) THIS is a revision application under Sec. 230 of the Rajasthan Tenancy Act against an order of the Revenue Appellate Authority dated 26-10 68 refusing to grant a stay, and vacating an ex-parte order of stay granted by him, in respect of an order dated 24 9-68 by the Assistant Collector, Neem-ka-thana, against which an appeal had been filed with the Revenue Appellate Authority. By his order the Assistant Collector had granted a temporary injunction against the applicant in a suit for eviction, permanent injunction etc.

(2.) THE facts are that the land in dispute was the khatedari of one Jeeta. He appears to have sub-let the land to the applicant sometime in 1961. THE applicant put up residential construction and a limekiln (Bhatta) on the land. THE Tehsil took objection to this and started proceedings against him in May 1962. Some how action in the proceedings came to a stand still towards the end of 1962, until in 1966 the applicant submitted an application for 'regularisation' of his occupation and use of the land THE Tehsildar passed an order, accepting the request, on 12-9-66 referring to a Government circular dated 24 4 63. As appears from copy of order available on the S DO 's file the Tehsildar subsequently saw another Government circular dated 20 12-63, in accordance with which only the Collector could authorise a Bhatta and that too only to the Khatedar of the land THE Tehsildar noted that the applicant was not the khatedar. He, therefore, reviewed his order of 12-9-66, and by an order dated 19 9-66 cancelled it, and directed the applicant to submit proof of his title to the land. An appeal against this order was rejected by the Additional Collector by his order dated 3-4-67.