MAHIPAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WE have heard Mr. Hastimal, learned counsel for the petitioner, at great length in support of this application. Learned counsel has presented bis case with his usual vigour and ability but we regret we do not feel persuaded to grant him the relief claimed in this application. The application is directed against the order of the Board of Revenue dated 18th November, 1960, and the petitioner prays that the said order should be quashed by a writ of certiorari.

(2.) THE relevant facts may be briefly set out: THE Jagir of Thikana Kotari was resumed on 1st August, 1954 in the life time of the Jagirdar Kaviraj Durgadan who filed a list of his properties on 5th October, 1954 in accordance with the provisions of rule 22 of the Rules framed under the Rajasthan Land Reforms and Resumption of Jagirs Act (Act 6 of 1952 ). THE Jagirdar, however, died before any decision could be arrived at. For purposes of compensation and rehabilitation Shri Mahipat Singh, the petitioner was subsequently recognized to be the lawful heir of the deceased Jagirdar. Certain other claimants raised objections to the proceedings, relating to the private properties, and the Jagir Commissioner decided the case on 12th January, 1959. THE claimants as well as the petitioner Mahipat Singh presented appeals against the order of the Jagir Commissioner to the Board of Revenue, and the Board by its decision dated 18th July, 1959 remanded the case to the Jagir Commissioner for deciding the question of private properties under sec. 23 (2) of the Act, afresh. When the case went back to the Jagir Commissioner, on 17th September, 1959, he directed the issue of notices to the Revenue Secretary and the Deputy Collector Jagir and certain other persons fixing 23rd November, 1959 for hearing. On receipt of this notice objections were sought to be presented on behalf of the State Government but the Jagir Commissioner, by his order dated 15th July, 1960, held that the objections could not be entertained as prior to that stage no objections had been presented by the State Government as to the nature of the properties. Against that order an appeal was presented under sec. 39 by the State Government to the Board of Revenue and the Board by its order, which is now impugned before us, allowed the appeal, set aside the order of the Jagir Commissioner and directed that the State Government should be given an opportunity to raise objections and thereafter the question as to the nature of the properties should be decided in the presence of the parties in accordance with law. It is against this order that the writ petition has been filed.