ACHAL SINGH Vs. TEHSILDAR BALI

JUDGEMENT

(1.) THIS is an appeal against the order of S. D. M. , Bali dated 6. 9. 60 by which he has decided a case for correction of entries in the settlement records transferred to the Collector on the expiry of the settlement proceedings under sec. 181 of the Rajasthan Land Revenue Act, 1956. Now, this sec. 181 gave powers to decide the case remaining pending at the close of the settlement operations only to the Collector, who it has been also laid down there, shall exercise the powers of the Settlement Officer for the disposal of such pending cases. The S. D. O. did not possess the powers of the Settlement Officer and, therefore, he could not have decided the case transferred to the Collector under sec. 181 referred to above. The proceedings of the S. D. O. , are, therefore, obviously without jurisdiction, as has been conceded rightly by the learned Government Advocate also. The Collector, Pali, should have himself decided the case when it was transferred to him by the Settlement Officer at the close of the settlement proceedings.

(2.) THIS appeal is, therefore, accepted. The order of the S. D. O. set aside and the case remanded to the Collector, Pali, now for determination in accordance with law keeping in view the observations made above. .