GOPAL RAM Vs. MUNIR KHAN

JUDGEMENT

(1.) THIS revision arises from a dispute between the villagers of Kangansar and Beswa, District Sikar regarding certain land measuring 1341 bighas which each side wishes to be included within its own village boundary. An application for the inclusion of this land within the boundary of village Beswa was preferred before the Settlement. Officer, Sikar by the people of that village on 29. 3. 61. However, before the matter could be decided the settlement operations were closed and the case was transferred to the Collector, Sikar, who in turn transferred it to the Sub-Divisional Officer, Fatehpur, On 18. 8. 61 the learned Sub-Divisional Officer ordered that the land in dispute should be included in the boundary of village Beswa. Aggrieved by this order, Gopalram, representing the people of Kangansar, brought an appeal in the Court of the Revenue Appellate Authority, but this was returned for presentation in the proper Court. Gopal Ram has now preferred this application for the revision of the learned Sub-Divisional Officer.

(2.) THE learned counsel for the applicant contends that the order of the learned Sub-Divisional Officer dated 18. 8. 61 is without jurisdiction, that it is not appealable to this Board and that it could be set aside in the exercise of the revisional jurisdiction of this Board. THE learned counsel for the opposite party on the other hand argues that the order of the learned Sub-Divisional Officer was appealable in the first instance to the Revenue Appellate Authority and also suggested in the alternative that the first appeal from the Sub-Divisional Officer lay to the Settlement Commissioner and the second appeal to the Board. On the basis he has contended that since the Board is competent to hear a second appeal against the impugned order of the Sub-Divisional Officer, it cannot exercise powers of revision.