TEMPLE OF SHRI BANKTESHWAR BALAJI Vs. COLLECTOR AJMER

JUDGEMENT

(1.) THIS is a special appeal by the temple of Shri Bankteshwar Balaji through one Rampal against the judgement and order of a learned single Judge of this Court dated the 18th March, 1960, upholding the order of the Compensation Commissioner dated the 12th June. , 1956, in a compensation matter under the Ajmer Abolition of Intermediaries and Land Reforms Act, 1955 (Act No. III of 1955 hereinafter referred to as the Act of 1955 ).

(2.) AS we have come to definite conclusion that this appeal, which purports to have been filed under sec. 18 of the Rajasthan High Court Ordinance, 1949, (Ordinance No. XV of 1949, hereinafter called the Ordinance), is not maintainable, we consider it unnecessary to state the facts of the case at any length. Suffice it to state that Rampal, acting as manager of the temple of Shri Bankteshwar Balaji, applied to the Compensation Commissioner for grant of compensation in respect of what were alleged to be [certain Muafi lands held by the temple, in pursuance of a notification under sec. 4 of the Act of 1955 declaring that the said lands had vested in the State. The Compensation Commissioner held that the appellant was not an intermediary within the meaning of the said Act and this finding was upheld by the learned single Judge in appeal. It is from that judgment that the present appeal has been preferred, and this brings us to a decision of the preliminary question whether this appeal is competent.