RAJA NARAIN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER Raja Narainsingh has filed this application under Art. 226 of the Constitution of India in order to challenge the correctness of the decision of the Board of Revenue, Rajasthan dated the 5th January, 1961.

(2.) THE petitioner was Jagirdar of Toda Bhim in District Sawai Madhopur and his Jagir was resumed under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952, hereinafter called the 'act'. After the issue of Notification No. F. 4 (388) Rev. 1/53, dated 15th October, 1954, the petitioner presented his claim for compensation and rehabilitation grant to the Deputy Collector (Jagir) Sawaimadho-pur, on 26th August, 1957. Among other items, he claimed compensation and rehabilitation grant on the income of the following terms - Item Amount Claimed 1. Malguzari Income Rs. 2,416-62 n. p. 2. Cultivable land & sale of land income Rs. 1,249-67 n. p. Rs. 3,666-29 n. p. His claim was sent to the Tehsildar, Toda Bhim, for verification. After receiving the report of Tehsildar, the Deputy Collector (Jagir) gave a provisional award for Rs. 1,915/- in respect of both the items. THE petitioner submitted objections against the provisional award. THE Deputy Collector ( Jagir ), respondent No. 3, got the petitioner's Thikana bahis checked and verified and on the basis of the entries recorded in them from Smt. 1993 to Smt. 2014 he came to the conclusion that the average annual income received by the petitioner from sale of the land came to Rs. 1,116/15/ -. Against this decision, the State of Rajasthan preferred an appeal to the Board of Revenue. THE learned Members of the Board of Revenue allowed the appeal and directed that the said amount be excluded from the petitioners' gross income and his claim should be finalised thereafter. It is this order which is sought to be challenged by the petitioner.