HANUMAN SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) IN this writ petition, the question which has been canvassed by the learned counsel for the petitioner before this Court is that the Board of Revenue was not justified in rejecting the revision petition filed by the petitioner before it under Section 83 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as 'the Act') on the ground that it was not maintainable.

(2.) I may briefly state the facts leading to the filing of this writ petition. Hanumansingh, petitioner was allotted 20 bighas of agricultural land, comprised in sqare No. 27 in Chak No. 91 C. B. , on November 3,1959 under the provisions of the Rajasthan Colonization (Gang Canal Lands Parmanent Allotment and Sale) Rules, 1956. After some time the petitioner Hanumansingh mortgaged the land in question with Narainsingh on March 12, 1965 for a sum of Rs. 1,500/-by means of a registered mortgage deed. It may be mentioned here that the aforesaid land was allotted to the petitioner on account of his being as ex-member of the armed forces. The mortgage was made by Hanumansingh in favour of Narainsingh with the stipulation that until the mortgagor repaid the sum of Rs. 1,500/- the land in dispute shall remain in possession of the mortgagee and that the interest on the aforesaid mortgage amount shall be set off against the income received by the mortgage from the land in dispute.

(3.) THE same view was also expressed by another bench of this Court in Hari Singh vs. State of Rajasthan (2) wherein it was observed as under:- "we further hold that this jurisdiction would be available to the Govern-ment in an appropriate case notwithstanding the consideration that the respondents might or might not have attacked the order by which they were aggrieved by an appeal within the prescribed time. THE party's failure to prefer an appeal, assuming that such an appeal could be filed, may conclude his rights but that would not conclude the exercise of the supervisory jurisdiction of the revisional authority in a proper case. "