SHAH MOHAMMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS purports to be a second appeal against the order of the Addl. Commissioner, Bikaner dated 6. 9. 1960 whereby he had rescinded his previous order sanctioning exchange of certain land in favour of the appellant.

(2.) THE facts of the case in brief are that on 8. 8. 58 Shah Mohammad and Mohammad Sadiq appellants made an application to the Naib Tehsildar, Colonisation requesting for exchange of 27 bighas of land in their khata in fields Nos. 51/2 and 52 for Government land in field No. 237 and 241. As the land they offered was sandy loam and that which they asked for was 23 bighas light loam,and 4 bighas of sandy loam, they offered to pay the difference in the price thereof. THE Naib Tehsildar without inviting any objections to this proposal made a report to the THEsildar Colonisation on 23rd February, 1959 recommending the exchange on payment of Rs. 1840/- in two instalments. THE Tehsildar endorsed the recommendation of the Naib Tehsildar to the Dy. Director of Colonisation, who forwarded the same to Director of Colonisation on 31. 5. 59. THE Director of Colonisation passed an order on 19. 9. 59 sanctioning this exchange with the amendment that the amount of Rs. 1840/- should be recovered from the appellant in one instalment. It appears this order remained in the office of the Director of Colonisation till the 24th of October, 1959 when it was sent to the office of the Dy. Director of Colonisation who sent it to the Tehsildar, Nohar on 25th of October, 1959. Meanwhile on 26th of October, 1959, one Jitukhan made an application to the Director of Colonisation bringing to his notice the unconscionable nature of this exchange, alleging that no objections had been invited and that he was prepared to pay Rs. 400/- per bigha for this land if it were to be auctioned. THE Director of Colonisation immediately ordered that the exchange order issued by him should not be implemented. As it is clear from the file, both the orders sanctioning the exchange and the order stopping the implementation of the exchange were received in the Tehsil at the same time. THE Tehsildar ordered on the 29th October, 1959 that "ishtihar ujradari" (proclamation inviting objections) didn't seem to have been issued and it should be issued. On 11. 11. 59 the Tehsildar forwarded the papers to the Dy. Director of Colonisation. THE Dy. Director of Colonisation made an enquiry on the spot and made a report that no objections had been invited according to the rules, and it appeared from the inspection of the spot that the land Shah Mohammad wanted to offer was of low productivity and uneven in nature, whereas the land he wanted in exchange was of high productivity and absolutely level. A portion of land which he wanted to exchange was full of shrubs and was uncultivable. He suggested that it would be proper if the auction was held according to rules of the Govt. land which Shah Mohd. wanted in exchange. THE director of Colonisation after going through the report of the Dy. Director of Colonisation came to the conclusion that the exchange order had not been implemented, and as no notice inviting objections had been issued and as the exchange was not proper exchange, the order should be rescinded. He however, issued a notice to Shah Mohammad why the order should not be rescinded. After giving him hearing as well as to Jitukhan the Director of Colonisation cancelled his previous order dated 19th September, 1959 and directed that the land should be auctioned in accordance with rules Shah Mohammad went in appeal to the Addl. Commissioner Bikaner who held that an appeal lay against the order of the Director of Colonisation but he rejected the appeal on the ground that the Director was competent to review his order dated 19. 9. 59 suo moto and that there were sufficient grounds for reviewing the said order. It was this order against which the present second appeal has come before us.