JYOTI PRASAD Vs. GOVERNMENT OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India by one Jyoti Prasad against the Government of Rajasthan, Chiranjilal, Surajmal, Sardar & Jeetmal.

(2.) THE brief facts of the case, which have been stated by the petitioner, are that the petitioner was held to be a Khatedar tenant by Nizamat Hindaun, on 16-5-1942, relating to plots Khasra Nos. 4 to 19, 22 to 28 and 45 in village Jatwara, Tehsil Hindaun, instead of a mortgagee, and the names of Loharia, Ganga-kishan, Bishna and Zorawar were ordered to be deleted as mortgagors from the Parcha Chakbadi by way of punishment for having illegally mortgaged the disputed land. Since then the petitioner continued in possession of those plots of land as a Khatedar tenant. In the revision settlement of Samvat 2000, Loharia, Chiranji, Bishna, and Zorawar filed objections against the petitioner that they were the Khatedar tenants relating to these plots of land, but the objections were rejected finally by the Jaipur Board of Revenue on the 17/10/1949, and the petitioner was held to be entitled to continue as Khatedar tenant on the basis of the previous decision of Nizamat Hindaun. Against the decision of the Jaipur Board of Revenue, Chiranjilal and others filed an application for revision to the Revenue Minister of Rajasthan, which was subsequently transferred to the Special Board of Revenue, Rajasthan for disposal. THE Special Board of Revenue on the 31-7-1950, reversed the judgment of the Jaipur Board of Revenue. THE petitioner then approached the Government, but without success. His application was finally refused on 14-7-1952, by the Government. Hence he has moved this writ petition on the ground that under Section 8, Jaipur Land Revenue Act (36 of 1947), the Jaipur Board of Revenue was a final Court of appeal, and its decision could not be challenged in revision, that is, no revision lay against the judgment of the Jaipur Board of Revenue to the Government. THE Special Board of Revenue, therefore, had no jurisdiction to hear and decide a revision application filed before the Revenue Minister of Rajasthan against the judgment of the Jaipur Board of Revenue. THE petitioner prayed that a writ of certiorari or prohibition be issued against the Government not to carry out the illegal decision of the Special Board of Revenue dated 31/7/1950, and to quash the proceedings of the Rajasthan Board of Revenue.