STATE OF RAJASTHAN Vs. SAJJAN SINGH

JUDGEMENT

(1.) THIS appeal has been preferred on behalf of the State under sec. 39 of the Rajasthan Land Reforms and Jagir Resumption Act, 1952, against the order of the Deputy Collector, Jagir, Sawai Madhopur, dated 4. 11. 60.

(2.) THE order of the learned lower court has been assailed on the following grounds: - THE income from Sawai Chak has been allowed on the assessment fixed by the Settlement Department, when all the land was not occupied during the basic year. This contention is borne out by the very second line of the judgment of the learned Deputy Collector, where he has discussed the income under this head. He has very clearly stated that it was only 16 bighas and 17 biswas of this land that was under cultivatory possession during the basic year. Rental income can be allowed, vide para 2 of the Second Schedule of the Act read with para 3 thereof, on account of rent from "occupied lands" only. THE learned Deputy Collector has acted quite contrary to it and has allowed rental income at the assessed rates on whole of the Sawai-Chak which is nowhere provided under the Act. If there was any income from grazing fees from this area, as the learned Deputy Collector has stated, the income allowed should have been, vide para 2 (c) referred to above, on the basis of the average yield for 3 years preceding the basic year. It could not be allowed on the basis of the income that might be accruing to the State Government after the resumption, this being also one of the factors influencing the judgment of the learned Deputy Collector. Under the circumstances, this objection has to be accepted and the learned Deputy Collector should be directed to re-assess the income under this head in accordance with law keeping in view the observations made above.