QUAZI SAMIULLAH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment of the learned Additional Collector Sawai Madhopur dated 17. 2. 61 passed, not in appeal, but on a report made by the Sub-Divisional Officer against a mutation made by the Tehsildar Sawai Madhopur. We have heard the learned counsel for the parties and examined the record also very carefully.

(2.) IT appears that the mutation of the disputed Khasra numbers was made in favour of the appellants by the learned Tehsildar Sawai Madhopur in some proceedings not on record before us, nor cared to be brought on record by both the learned Sub-Divisional Officer and the learned Additional Collector dealing with this case. IT further appears that an application was presented objecting to this mutation, may be before the mutation order was actually passed, to Hon'ble the Revenue Minister by some persons. The Revenue Minister was pleased to direct that a report be sent for from the Collector. The original application was forwarded to the Collector who in his turn forwarded it to the Sub-Divisional Officer. The learned Sub-Divisional Officer made an inquiry into the case and came to the conclusion that the land belonged to Thikana Galta, that it was sold, after the resumption of the said Jagir, by Thikana Galta to the appellants, that it was a tank and a pal on which no Khatedari rights could accrue under sec. 16 of the Rajasthan Tenancy Act and that, therefore, the mutation in favour of the appellant had been made unlawfully and wrongly. He submitted his report for orders to the learned Collector Sawai Madhopur. Here it came to be dealt with by the learned Additional Collector. The learned Additional Collector holding that the land was coveted by the provision of sec. 16 Rajasthan Tenancy Act and as no Khatedari rights could accrue to anybody thereunder ordered the mutation to be set aside. IT is against this order that this appeal has been preferred.