STATE OF RAJASTHAN Vs. BHAGIRATH SINGH

JUDGEMENT

(1.) THESE are tow cross appeals against the final award given by the learned Jagir Commissioner, Rajasthan, Jaipur on 13. 6. 1962 in respect of the resumed jagir of Shri Bhagirath Singh. Shri Kan Singh, Government Advocate has raised the preliminary point that the final award given by the learned Jagir Commissioner should be set aside for the reason that a question of bias is involved. The present order therefore deals with this preliminary question only. The facts giving rise to these appeals may be briefly summarised. The jagir of Shri Bhagirath Singh was resumed on 1. 11. 1958. He claimed income from his jagir under 4 heads (i) rental income; (ii) grazing; (iii) non-agricultural use of land, and (iv) sale of abadi as, well as agricultural lands.

(2.) THE then Jagir Commissioner, Shri Daulat Singh, gave his award on 29. 9. 1960 wherein the rental income claimed was slashed down and the income from the other three heads was totally disallowed. THE matter came up in appeal in this Board which was heard by the Division Bench consisting of Sarva Shri Khem Chand and Gajendra Singh. By their order dated 12. 4. 61, the Division Bench accepted the appeal of Shri Bhagirath Singh and restored the cut made by the then Jagir Commissioner in the rental income claimed by Bhagirath Singh. THEy also remanded the case for further enquiry regarding the income claimed under the other three heads. Soon after, Shri Gajendra Singh was transferred from this Board and came to occupy the post of Jagir Commissioner. Accordingly, he held the further enquiry ordered by the Division Bench of the Board and gave his final award on 13. 6. 1962. In this award, he allowed income from grazing and non-agricultural use of land to the extent of Rs. 2800/- and under the head of abadi land to the extent of Rs. 665/ -.