STATE OF RAJASTHAN Vs. SHIV PRAKASH SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the Government of Rajasthan against the order of the Jagir Commissioner dated 4. 6. 57 which was passed in exercise of his powers under sec. 23 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1962 (hereinafter referred to as the Act ).

(2.) A Division Bench of the Board had once already given a decision on 29. 10. 5v but that decision was subsequently reviewed and by an order dated 8. 2. 62 that judgment' of the Board was set aside and the appeal No. 29 Jaipur/1957-State vs. Thakur Shiv Prakash Singh was directed to be posted for hearing and determination afresh in accordance with law.

(3.) FROM the facts stated above, it is abundantly clear that the learned Jagir Commissioner in spite of the specific instructions contained in the remand order of this Court dated 10th December 1956 did not carry out the directions of the Court in hearing this case in the manner prescribed in the Rules. In the circumstances, it cannot be held that the order of the Jagir Commissioner dated 4. 6. 57 has been passed after hearing all the parties concerned and consequently the order cannot be upheld.