STATE OF RAJASTHAN Vs. SOHANLAL

JUDGEMENT

(1.) THIS purports to be a reference to this Board by the Collector, Alwar. It is a letter addressed by the Collector to the Secretary to the Government in the Revenue Department, of which a copy has been forwarded to the Registrar of this Board with the request that certain land allotments may be cancelled. THIS is a most improper way of making a reference to the Board. Such references are required to be made in conformity with the provisions of Section 82 of the Rajasthan Land Revenue Act, 1956. Under this provision, the Collector should set out all the facts in detail leading to the order of his subordinates which he seeks to have annulled by this Board, and express a clear opinion regarding the legality or irregularity of the proceedings. Such a reference is of a judicial nature and must conform to the canons of judicial decorum. The learned Collector has merely endorsed to the Board a copy of a letter which is addressed to the Government. THIS is certainly most indecorous. Apart from this novel procedure adopted by the Collector, the back-ground of the case has not been set out in full so as to enable the Board to take cognisance of the matter under Section 82 of the Land Revenue Act. The papers are, therefore, returned to the learned Collector with the direction that he should make a self-contained reference in accordance with the provisions of the law. .