ABDUL HAKIM Vs. SARKAR

JUDGEMENT

(1.) THE above noted revision petitions have arison from the orders of the Collector Nagaur of dates mentioned in each case, in connection with proceedings to recover the patta fees for plots of land for building purposes in Makrana, which had been sold at very low rates to the petitioners by the Jagirdar having no authority on account of his estate being under the management of Haisiyat Court.

(2.) THE learned Government Advocate raised a preliminary objection that the revision petitions are incompetent under sec. 26 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951 according to which revisions are entertainable in the Board only in cases, decided by a subordinate Revenue Court, in which no appeal lies to the Board and that in these cases appeals from orders of the Collector lie to the Commissioner from whose orders a second appeal lies to the Board.

(3.) THE three preliminary conditions, as explained in the above Division Bench judgment of the Rajasthan High Court, have to be complied with before a petition is held entertainable in revision. In the present cases the Collectors' orders are appealable to the Commissioner and a second appeal from the order of the Commissioner lies to the Board. Thus appeals from the orders of the Collector lie indirectly to the Board. Moreover a revision petition can be brought to the Board only when all remedies are exhausted. As such the revision petitions art incompetent and not entertainable and I reject the petitions. .