STATE Vs. JAITH SINGH

JUDGEMENT

(1.) THIS is an appeal by the State against the award passed by the Jagir Commissioner in which a sum of Rs. 54,839/39 NP. alleged to be due from the Jagirdar has not been recovered. The brief facts of the case are that initially the Collector, Jaipur issued form No. 10 for Rs. 51,127/55 NP to be deducted from the compensation of the jagirdars and sum of Rs. 3711/84 NP was to be recovered under sec. 22 (l) (d) of Rajasthan Land Reforms and Resumption of Jagirs Act. The Jagir Commissioner deducted this amount from the compensation of jagirdars. The jagirdars applied to the Collector Jaipur raising the objection that he was not liable to pay the said amount. The Collector decided vide his judgment dated 28-6-61 that the jagirdar was not liable to pay the amount mentioned in form No. 10 issued by him earlier. Subsequently, he wrote a letter to the Jagir Commissioner vide his No. 2211 dated 29-6-61 that the amount mentioned in form No. 10 issued earlier was not due from the Jagirdar. In the meanwhile, the jagirdar came up in appeal before the Board of Revenue against the award of the Jagir Commissioner and produced the letter No. 2211 dated 29-6-61. The Board of Revenue remanded the case to the Jagir Commissioner with the observation that these were matters of accounting and if an amount was not regarded to be payable by the appellants by the very authority which could recover it that could be re-examined by the learned Jagir Commissioner while issuing the bonds. It was further observed that the learned Government Advocate has not got, and very rightly so, any objection to remand the case for the purpose, In the result, the appeal was accepted on the "points of deductions" about which the copies referred to above had been submitted by the learned counsel for the appellants and the case Was remanded to the learned Jagir Commissioner for re-checking the amount of deductions in accordance with law. On remand, the Jagir Commissioner heard the Government Advocate and issued a revised award according to which the sum of Rs. 51,127/55 NP attached under form No. 10 issued earlier was not held to be payable by the Jagirdar; and the sum of Rs 3711 /84 NP was also held to be not recoverable under sec. 22 (l) (d) of Rajasthan Land Reforms and Resumption of Jagirs Act.

(2.) AGGRIEVED by this order of the Jagir Commissioner the Government has come up in the appeal before the Board of Revenue.