TKAKUR NAHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE facts giving rise to this application for revision are that certain recoveries of rent including tribute were sought to be made from the applicant who contended that he had already made the payment. His objections were over ruled by the Tehsildar and he paid the amount demanded under protest. Subsequently the applicant submitted an application to the Additional Collector, Pali disputing the correctness of the amount recovered from him. This application was purported to have been made under sec. 227 read with sec. 257-B of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as the Act ). Upon this the learned Additional Collector passed an order rejecting the representation. THE learned Additional Collector held that the only remedy open to the present applicant was to bring a suit in terms of sec. 257b of the Act. We find that sec. 257b of the Act is not at all applicable to the present case, for it relates to recoveries not of revenue but of moneys specified in sec. 256 of the Act which are recoverable in the same manner as an arrear of revenue. THE appropriate Section in the present case is 227 of the Act which says that a statement of account, certified by the Tehsildar shall be conclusive evidence of the existence of the arrear of revenue, but that it shall be open to the defaulter to make payment under protest and then question the correctness of the account in separate proceedings before the Collector. It is this remedy which the applicant had sought, though he wrongly cited sec. 257 B of the Act alongwith sec. 227. It was obligatory for the learned Additional Collector to hold an enquiry on the representation of the applicant which he failed to do, acting on an erroneous view of the law. We, therefore, accept this revision set aside the impugned order of the learned Additional Collector and direct him to held an enquiry as required in the proviso to sec. 227 of the Act. .