RAM NIWAS Vs. JAGANNATH

JUDGEMENT

(1.) THIS is revision petition is directed against the order of the Additional Collector, Jaipur dated the 15th June, 1962 whereby he rejected the appeal filed by the petiti-oner against the order of the Tehsildar Dausa, dated 12. 12. 1961 in a case under Sec. 251 of the Rajasthan Tenancy Act.

(2.) THE main argument of the learned counsel for the petitioner was that the trial court had no jurisdiction to try and hear the case, as the powers under sec. 251 of the Rajasthan Tenancy Act had since been conferred upon Gram Panchayats. It was stated on behalf of the petitioner, that the opposite party had filed an application under sec. 251 of the Rajasthan Tenancy Act, in the Court of the Tehsildar Dausa on 15. 7. 61. THE written statement of the petitioner was filed on the 25th July 1961 and the plea of lack of jurisdiction was also taken therein. THE learned counsel for the petitioner made a reference to Government Notification No. F. 6 (41) Rev. B/60, dated the 17th June, 1961 which is reproduced below for facility of reference.

(3.) THE purport of this clause is obvious and admits of no ambiguity. It is an all comprehensive clause and seeks to resolve and clarify all doubts which may arise with regard to the validity of the Government Notifications made under this section previously. It is stated that notwithstanding any defect or omission of form or any rule of law or interpretation, all delegations made by the State Government under this Section before the 16th November, 1961 shall be deemed to have been validly made and goes on to say they all Notifications delegating such powers and duties shall until superceded continue of be operative and to have effect according to their tenor.