RAM CHANDRA Vs. STATE

JUDGEMENT

(1.) THE circumstances which give rise to this revision may briefly be stated as follows; Ram Chandra Patel of Rampura Bas, Tehsil Jamwaramgarh, applied before the Tehsildar on 13-2-1948 for grant of a Taqqavi loan of Rs. 400/- for purchase of a pair of bullocks. After necessary enquiry the Deputy Commissioner of the former Jaipur State granted the same; vide his Order No. 822, dated 16-1-1949. In para 3 of this latter it was laid down that - "the instalments for the payment of the applied Taqqavi loan or subsidiary as well as for the instalment of repayment of the Taqqavi loan shall be governed by the relevant provisions of Revenue (Standing Orders Nos. 4 and 5 respectively. " An agreement was duly executed by Ram Chandra and a sum of Rs. 400/- was paid to him. This amount was to be repaid in 10 half yearly equated instalments commencing from shialu Svt. 2006 and ending to Svt. 2010 unhalu. It appears that till February 1955 Ram Chandra had repaid only Rs. 219/- and a balance of Rs. 181 along with some interest was outstanding against him, THE Tehsildar issued a notice to the defaulter Ram Chandra and his surety as well. THE surety pointed out that the loanee had gone away to Delhi and there was no way of realising the dues from him except by an attachment and sale of some of his cattle heads. Some goats, cows etc. attached and after obtaining sanction of the S. D. O. they were sold by the Tehsildar. Ram Chandra has come up in revision against these proceedings.

(2.) WE have heard the learned counsel appearing for the parties and have gone through the record as well. The main point involved for determination is as to whether the S. D. O. or the Tehsildar were authorised to realise the arrears of Taqqavi loan in the manner adopted by them. The learned counsel for the appellant has argued that the case is governed by the Jaipur State Revenue Standing Order No. 4 which deals with Taqqavi loans for permanent works of improvement including construction of Bunds, wells etc. and purchase of seeds, bullocks fodder etc. The Jaipur State Revenue Standing Order No. 5 lays down rules for construction of repairs to minor irrigation works. Sec. 35 of the Revenue Standing Order No. 5 lays down that all arrears of Taqqavi loan shall be recoverable as the arrears of land revenue, No such corresponding provision is to be found in the Revenue Standing Order No. 4. It has been argued on behalf of the applicant that in the absence of such a provision the Nazim had no authority to recover Taqqavi arrears as the arrears of land revenue. The learned Government Advocate has conceded the absence of a provision corresponding to sec. 35 of the Revenue Standing Order No. 5 from Revenue Standing Order No. 4. He has however,argued that the Deputy Commissioner while sanctioning the loan decided that the recovery shall be under Revenue Standing Order No. 5 and in this connection a reference is made to para 3 of the Order referred to above. In the first place we are clear in our minds that the Deputy Commissioner had no jurisdiction to prescribe as made of recovery not laid down in the Standing Order No. 4 itself and to that extent his decision should be deemed to be ultra vires Secondly assuming, but not admitting, that he could so incorporate these provisions it will be found that the wording used in the order are "for the instalment of repayment. " This in ordinary parlance would mean only fixation of the time and amount of instalment and the pharse cannot be so stressed as to include the mode of realising outstanding instalments. WE are, therefore, of the opinion that the proceedings conducted by the subordinate officers are clearly ultra vires. These arrears should be realised in accordance with the provisions contained in the Rajasthan Public Demands Recovery Act, 1952. WE would, therefore, allow this revision, quash the proceedings conducted by the subordinate officers and direct that action as pointed out above be taken in accordance with law. .