SOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS application under clause 5 or the Schedule of the Rajasthan Colonization Act, 1954 has been made by Sohan Singh applicant against the order of the Collector, Bundi dated 21-2-1964 whereby in exercise of his power under sec. 22 of the Colonization Act he ordered that the Government land trespassed upon by the Applicant should be re-entered and taken possession of without payment of compensation including the crop, trees and the buildings situated thereon. He nominated Shri H. C. Shara, Sub-Divisional officer, Bundi for executing this order. Aggrieved by this order the applicant has come up before me under clause 5 of the Schedule.

(2.) A preliminary objection raised by the Government Advocate was that the subject matter of the dispute between the Collector and the applicant does not fall withing the scope of clause 5 of the Schedule. In the above clause only disputes between the State and the tenant regarding the property and rights reserved by the State Government or conditions of tenancy can be referred to the Board for final decision. The applicant is not a trespasser on the Government land and he was rightly ordered by the Collector under sec. 22 to be evicted. This Court therefore has no jurisdiction to try this case. In reply to this preliminary objection it was urged by the counsel for the petitioner that the applicant was also Khatedar tenant in the colony area prior to the commencement of the Colonization Act within the meaning of sec. 20 of the above Act. The Schedule attached to the Act would govern his Khatedari rights. His case was essentially a boundary dispute between the State land and his khatedari lands where it is alleged that the petitioner has trespassed upon the Government land by constructing a boundary wall as well as some shops and buildings. Thus there is a dispute with regard to the boundary between the Khatedari land which has not been properly demarcated. This dispute, the counsel pleaded could be referred to the Board within the meaning of Clause 5.