DURGA PRASAD Vs. BRIJ MOHAN MEHRA

JUDGEMENT

(1.) THIS is a revision preferred against the order of the Additional Commissioner, Kota dated 15th September, 1961 by which he rejected an appeal preferred against the order of the Additional Collector, Bharatpur dated 20th April, 1961.

(2.) BRIEFLY, the facts of the case, which are not in dispute, are : The applicant Sri Durga Prasad was given the disputed land forming part of Khasra No. 343 on rent for keeping his cattle with the clear stipulation that he would not raise any construction including the enclosure also thereon. This was so let out in the year 1954 before the commencement of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as the Act ). The applicant, however, not only built an enclosure thereon but also erected some structure. On report from the Patwari he was given notice under sec. 91 of the Act. He contested the same with the allegation that he had raised the construction with the proper permission of the Municipality concerned. This contention was naturally rejected and his ejectment was ordered. An appeal preferred by the applicant against that order to the Additional Collector was also not successful. Sometime thereafter, however, probably when he (the applicant) was being ejected in compliance of that order, the Tehsildar accepted a compromise with the applicant on payment of Rs. 2943/1/6. The opposite party, who were interested in the land as they wanted to have it by way of compensation for certain land of their taken over by the Government, took the matter in appeal to the Additional Collector against this order of the Tehsildar. The learned Additional Collector, vide his order dated 19th May, 1960, very rightly accepted the appeal and held that the learned Tehsildar had no authority to order the allotment of land to the applicant at the rate of Rs. 12/- per square yard. He, therefore, set aside that order. An appeal preferred by the applicant to the Additional Commissioner met also with the same fate. It is how this revision comes to the Board.