RIDHKARAN Vs. MALI RAM

JUDGEMENT

(1.) THIS application in revision has been filed by Shri Ridhkaran against an appellate order of the Additional Commissioner, Jaipur dated 24th March '60 passed in a second appeal reversing the appellate order of the Additional Collector, Bhilwara dated 26-12-59 the effect of which was to set aside a mutation order of the Tehsildar, Bhilwara.

(2.) THE facts giving rise to this application are that the Tehsildar Bhilwara decided a mutation case No. 19 in favour of the respondent whereby Khasra Nos. 1619, 1620, 1621, 1622, 1623, 93 1629, in total measuring 26 bighas 3 biswas were directed to be recorded in the Khatedari of the respondent. THE present appellant Shri Ridhkaran appealed from this order and the learned Additional Collector hearing the appeal set aside the order of the Tehsildar finding it to be suffering from many defects procedural and legal both. To enumerate only the important ones of these reasons the learned Additional Commissioner found that the mutation should have been decided by the village Panchayat in whose local jurisdiction the village containing the land in dispute was situated. He also found that the mutation order does not disclose at what place and on what date the mutation was decided and what enquiry was made. However the respondents appealed from this order on the ground that the appellant (i. e. the petitioner before us) had no locus standi to feel aggrieved by the order of the Tehsildar. THE learned Additional Commissioner accepted the appeal on this ground and set aside the order of the Additional Collector and restored that of the Tehsildar.