RAM KISHORE Vs. RAM KARAN

JUDGEMENT

(1.) BRIEFLY stated the facts are that one Shri Ram Karan filed an application before the Assistant Settlement Officer on 25th August, 1958 and 29th September, 1958 with the allegation that Khasra No. 77 in village Jhujharpura had been wrongly entered in settlement records. During the pendency of the application settlement survey and record operations were closed. The Assistant Settlement Officer transferred the papers to the Sub-Divisional Officer but Sub-Divisional Officer later on came to the conclusion that the matter is only under the competence of the Collector and as such returned the papers to the Assistant Settlement Officer. The Assistant Settlement Officer transferred these papers to the Collector for disposal. The Collector after hearing the parties accepted the petition and ordered correction. The appeal was preferred against that order before the Settlement Commissioner. The Settlement Commissioner by his order dated 5th December, 1962 upheld the order of the Collector. Now the opposite party has come up in revision against that order of the Settlement Commissioner. It is contended that appeal against the order of the Collector lies only to the Director of Land Records and not to the Settlement Commissioner. Reliance has been placed on the ruling of the Board of Revenue reported in R. R. D. 1963 page 107 in case of Gopal Ram vs. Munir Khan in which it has been laid down that after the close of settlement and survey operations the order passed by the Collector or the Sub-Divisional Officer can be the subject matter of appeal before the Director of Land Records and no appeal can lie before the Settlement Commissioner. This ruling already lays down that the Settlement Commissioner in such cases has no jurisdiction and therefore order passed by the Commissioner was obviously without jurisdiction and deserves to be Settlement set aside.

(2.) THE revision is therefore allowed and the order of the Settlement Commissioner set aside. .