MOTILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a revision under sec. 84 of the Rajasthan Land Revenue Act, 1956 against the order of the Additional Collector, Ajmer dated 13. 1. 62.

(2.) BRIEFLY the facts are that the applicant was allotted 555 bighas and 8 biswas of agricultural land by the Government of Rajasthan in village Sarnad, tehsil Arain by a lease dated 22. 7. 52 in connection with the Grow More Food Campaign. The lease was for a period of 5 years and is alleged to have expired in 1957. The Tehsildar Arain issued a notice to the applicant on or about 30. 3. 60 to vacate the land and when he did not vacate the Tehsildar took proceedings under sec. 91 of the Rajasthan Land Revenue Act. After issue of notice to the applicant on 14. 5. 60 the Tehsildar passed an order on 16. 6. 60 for the eviction of the applicant from the land in question. This order was challenged by the applicant before the Additional Collector, Ajmer who on 21. 7. 60 accepted the appeal of the applicant, set aside the order of the Tehsildar and remanded the case back to the Tehsildar for further enquiry according to law. The Tehsildar registered the case in his court on 19. 8. 60 and ordered to issue a notice to the applicant for compliance on 30. 8. 60. When the applicant did not appear on fixed date, the Tehsildar passed an order on 31. 8. 60 that the applicant should be evicted from the suit land within a week. On 20. 5. 61 the Tehsildar issued a notice to the appellant to vacate the suit land within a week. The applicant again went in appeal before the Additional Collector Ajmer. Along with the appeal an application under sec. 5 of the Indian Limitation Act was also filed with an affidavit to condone the delay in presenting the appeal after the period of limitation. The learned Additional Collector rejected the application under sec. 6 of the Indian Limitation Act and also the appeal holding that it was filed after the period of limitation and consequently it was barred by time. This application for revision has been submitted by the applicant against the above orders of the learned Additional Collector.