ANANDSINGH Vs. RAJASTHAN GOVT

JUDGEMENT

(1.) THIS is an application by Thakur Anand Singh, Jagirdar of Thikana Sukhmanhedi, Tehsil Munda-war in the District of Alwar, against the Government of Rajasthan, the Commissioner of Jaipur Division and the Sub-Divisional Officer (Jagir), Alwar.

(2.) THE petitioner's case is that as a Jagirdar of village Sukhmanhedi in the erstwhile Alwar State he was under an obligation to maintain nine horses and nine sawars to render service to the Alwar State. He used to maintain the required number of horses and sawars up till the year 1944. In the said year the expenses of maintaining horses and sawars shot up very high and it was found that the horses were only nominally kept up by the State and no substantial service was taken by them. THE petitioner along with most of the Jagirdars in Alwar approached the Ruler of the State and requested him to fix up cash payment in lieu of horses and sawars required to be maintained by each of them. It was mutually agreed that the Jagirdars would pay Rs. 165/- per annum in lieu of per horse and per sawar and according to the said agree -ment an order was made by His Highness on the 24th of November, 1945. THE petitioner, who had agreed to the above cash payment, made the said payment up to the 15th of May 1949. Some time prior to the said date, however, the Alwar State was integrated into the newly formed Matsya Union and the Government of the said Union by its order dated the 14th May 1949 required such Jagirdars, including the petitioner, who were paying Rs. 165/- per annum in lieu of per horse and per sawar to pay Rs. 250/- per horse and per sawar annually. THE applicant was not consulted before the said increment in cash payment and the said order was never put nor were the Jagirdars officially intimated. But when the petitioner went to deposit the cash amount at the rate fixed by mutual agreement, the tender was refused and he was asked to pay Rs. 250/- per horse and per sawar instead. THE petitioner having refused to deposit the increased amount the Commissioner, Jaipur Division, ordered the recovery of cash at the rate of Rs. 250/- per horse and per sawar as arrears of land revenue, and the Sub-Divisional Officer (Jagir), Alwar, is taking action to execute the order of the Commissioner.