BHORANSINGH Vs. REVENUE BOARD OF RAJASTHAN

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India. The facts of this case are that Surajmal and Rawti filed an application under Section 7 of the Rajas-than Tenants' Protection Ordinance in the court of the special Sub- divisional Officer, Bharatpur, for reinstatement on the land khasra Nos. 87, 88, 91, 95 and 120 in Tahsil Rupbas on the ground that they were in possession of the land on the 1st of April 1948, and that they were dispossessed by the landlords on the 20th of July 1949. The Special Sub-divisional Officer at first allowed the application of Surajmal and Rawti, but after further enquiry rejected it. Surajmal and Rawti then filed a revision application in the Rajasthan Board of Revenue and their application was allowed, on the 22nd March 1951, and they were ordered to be put in possession of the disputed land. This application has been filed against the judgment of the Rajasthan Revenue Board dated the 22nd March 1951.

(2.) The petitioner has raised the following points in this application :

(3.) The Senior Member of the Rajasthan Board of Revenue, Mr. Altaf Ahmad Kherie, decided the case on the 22nd February 1951, subject to the concurrence of his learned colleague, and the Junior Member of the Board of Revenue gave his concurrence on the 25th of February 1951 without hearing any of the parties. The procedure adopted by the Junior Member in expressing his opinion without hearing the parties was unjust and against the principles of natural justice. Such a procedure was not authorised by law.