NIRANJAN LAL Vs. GOVIND NARAIN

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India.

(2.) ACCORDING to the allegations made by the petitioner Niranjan Lal, one Rao Hiralal was a Muafidar of village Bidarka, Tehsil Lalsot, District Jaipur. He died in the year 1944 and the petitioner Niranjan Lal applied for Matmi (recognition as successor of a State-grantee) in his favour on the ground that he had been adopted by Rao Hiralal during his life time. Govind Narain opposed the application, and claimed Matmi for himself as being the nearest collateral of the deceased. The Deputy Commissioner was of opinion that Matmi should be sanctioned in the name of Niranjan Lal, and submitted his recommendation to the then Board of Revenue of the Jaipur state. The Board of Revenue of the Former Jaipur State referred the matter to the Cabinet, meaning thereby the Government of Jaipur, for guidance in respect of sub-rule (2) of Rule 14 of the Jaipur Matmi Rules, 1945. On the integration of the Jaipur State so as to form the United State of Rajasthan, the Revenue Secretary sent the case to the Rajasthan Board of Revenue for deciding the case according to its best light. The Board of Revenue decided that as the adoption of Niranjan Lal had been made by Rao Hira Lal without obtaining the previous sanction of the Government, it could not be recognised under sub-rule (2) of Rule 14 of the Matmi Rules, and that even before the Rules were framed it was necessary to take sanction of the Government according to the practice and usage of that period. The Revenue Board by its order dated 14th July, 1951, purported to sanction the Matmi in the name of Govind Narain. The petitioner filed an appeal to the Revenue Minister, who decided on 26/27th June, 1952, that the order of the Board of Revenue was final, and no appeal lay to the Government. The petitioner filed a review, but it was dismissed on 17th November, 1952, whereafter the present petition was filed in this Court.