HUKAM CHAND Vs. GURDEV SINGH

JUDGEMENT

(1.) THIS reference has been made by the Collector, Ganganagar vide his order dated 26th October, 1961 against an order of a Division Bench of this Board itself.

(2.) THE brief facts leading to this reference are that a Granthi of a Gurdwara situated in village Baropal Tehsil Karanpur having died, the claim for mutation in his place was filed by Gurdev and Hukamchand. THE Tehsildar accepted the claim of Hukamchand and allowed mutation in his favour. In appeal the Additional Collector ordered mutation in equal shares in the names of both the claimants. In revision, the Board remanded the case setting aside the orders of the Tehsildar and the Additional Collector with the observation that with the passing of the Rajasthan Jagir Decisions and Proceedings (Validation) Act, 1955, the jurisdiction for deciding such cases rested only with the Sub-Divisional Officer or the Collector and not with the Tehsildar. On this remand the case came up for hearing before the Collector, Ganganagar. THE learned counsel appearing for the parties raised a point before the Collector that the land was a Maufi and not, therefore, governed either by the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 or the Rajasthan Jagir Decisions and Proceedings (Validation) Act, 1955. THE contention was that the land was a "village Service Maufi" for rendering specific service to a village community. This argument appealed to the learned Collector who held that the case of such Maufi-holders were governed by sections 41 to 50 of the Rajasthan Land Revenue Act, 1956 and that under sec. 42 thereof the vacancies caused by death, etc, of such village servants were to be reported by the Patwari to the Tehsildar who had to take necessary action. It was further held by him that an appeal from the order of a Tehsildar lay, under sec. 75 (1) (a) of the Rajasthan Land Revenue Act, to the Collector.