ALAM SHER Vs. TODARMAL

JUDGEMENT

(1.) ALAM Shar Khan and other applicants have filed this revision petition under sec. 9 of the Rajasthan Land Revenue, Act, 1956 against Todarmal and the State Government respondents and against the decision of the Khud Kasht Commissioner, Rajasthan, Jaipur dated 6. 8. 1964 rejecting the applicant's appeal against the order passed by the Deputy Collector, Jagir Jaipur dated 12. 1. 1963 regarding allotment of Khudkasht land.

(2.) BRIEFLY the facts of the case are that Todarmal was a jagirdar whose jagir was resumed. He applied for allotment of Khudkasht land and he was allotted 120 bighas of unoccupied land from the 'siway chack' land of his own jagir land. The respondents claiming themselves as tenants of some of the claimed lands filed objection against this order of allotment. The Jagir Commissioner remanded the case to the Deputy Collector, Jagir for considering the objections of the applicants. The Deputy Collector, Jagir by his order dated 12. 12. 63 cancelled certain Khasra numbers of land to the extent of 5. 2 Bighas on the ground that they were occupied by the respondents. In an appeal against that order of the Deputy Collector, Jagir filed by the respondents, Khudkasht Commissioner set aside the order of the Dy. Collector, Jagir by holding that the non applicants were merely trespassers and not tenants. The land was clearly recorded as the siway chack land of the jagir and was allotable to the respondents. It is against this order passed in appeal by the Khudkasht Commissioner, Jaipur that the present applicants have filed this revision petition under sec. 9 of the Rajasthan Land Revenue Act.