DALJEET SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THIS is a writ application by Daljeetsingh under Art. 226 of the Constitution of India graying for a writ of certiorari against the order of the Board of Revenue. It has been opposed on behalf of opposite parties Nos. 3 to 8.

(2.) THE facts, which are relevant for our purposes are these. THE applicant Daljeet Singh was in possession of certain khasra numbers which were ghair mushtaqil lands situated in village Kandra, Tehsil Pali. It appears that in 1946 he applied for grant of a patta of this land. THE proceedings dragged on for 3 years, and on the 10th of November, 1949, Tehsildar Pali, ordered that a bapi patta be issued to the applicant. Before this Order was made, the Marwar Land Revenue Act (No. XL) of 1949 had come into force. It appears that the patta was not actually issued till 1951 when the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act (No. I) of 1951 had came into force on the 31st January, 1951. As that Act provided that applications for obtaining tenancy rights according to law in force were triable by a Sub-divisional Officer, the record was transferred to the court of the Sub divisional Officer for the issue of patta. THE Sub-divisional Officer passed an order on the 26th October, 1951, by which he order that the patta should be granted to the applicant according to the order of the Tehsildar, dated 10th November, 1949. THEre was then an appeal to the Collector by the opposite parties, which was dismissed. THEy went up in further appeal to the Commissioner, and the Additional Commissioner allowed that appeal holding that the order of Tehsildar had not been complied with, and that the patta had been granted without making proper enquiry. THEn the applicant went in revision to the Board of Revenue, and that revision was dismissed. THE present application was filed after the dismissal of the revision by the Board of Revenue.