HARIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision has been preferred against an order of the Add. Collector. S. Madhopur dated 26. 7. 61 by which he has rejected the appeal preferred by the applicant against the order of the Tehsildar Sapotra dated 26. 2. 61 allotting certain land to the opposite party Nand Kumar. . The allotment of land is a "non-judicial matter" and revision in non-judicial proceedings should lie to the State Government and not to the Board as provided by Sec. 83 of the Rajasthan Land Revenue Act, 1959.

(2.) IT is, however, being contended on behalf of the applicants that the applicants possessed a right of being heard in appeal by the appellate court against an order of the Tehsildar and that if they have been deprived of that right by any order of the Addl. Collector it became a 'judicial matter' defined in Sec. 23 (2) of the Act or at any rate a 'case of a judicial nature' referred to in section thereof. The argument is that by rejecting his appeal as being time barred and not letting the delay to be condoned u/s 5 of the Limitation Act which was applicable to the case of his appeal vide Sec. 87 of the Act his right has been affected adversely and therefore the revision could lie to the Board so far as this matter alone was concerned. IT is being urged that while defining the expression "judicial matter" the legislature has laid down in Sec. 23 (2) of the Act that it means also a "proceeding in which a revenue court or officer has to determine the rights and liabilities of the parties thereto". This it has been urged is over and above the case specified in the First Schedule as "judicial matter" for the purpose of the Act.