GANESH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THE facts relevant for disposal of this writ petition are these.

(2.) AGRICULTURAL land comprising of Khasra No. 1084/1 measuring If Bighas 9 Biswas was auctioned on 1st Nov. 1962 by the Colony Naib Tehsildar in favour of the petitioner Ganesh and his brother Gaurishanker. The bid was accepted by the Sub Divisional Officer, Baran and the petitioner deposit d one fourth price of the bid and also got the sale certificate in his favour. However, an appeal was filed by the villagers of Mangrol (District Kota) where the land is situate, against the aforesaid auction on the ground that the land in question was pasture land. The Revenue Appellate Authority, Kota, by its judgment dated 29th April 1969 (Ex 8) set aside the sale in favour of the petitioner on the ground that the Colony Naib Tehsildar was not competent to conduct the auction and that the procedure prescribed for auction under Rule 19 of the Rajasthan Colonisation (Chambal Project Government Lands Allotment and Sale) Rules, 1957 (which will hereinafter be referred to as 'the Rules') had not been followed The petitioner filed revision before the State Government, which, too, was dismissed on 7th October, 1971 (vide Exhibit -9) By this writ petition, the petitioner has challenged the validity of orders Exhibit -8 and Exhibit 9 and has prayed for setting them aside.

(3.) COMING to the merits of the writ petition the only point urged by the learned Counsel in support of his case is that no appeal lay to the Revenue Appellate Authority as the only provision for appeal under the Rules is Rule 17, which contemplates an appeal from the order of sale. On the other hand, Mr. Shieodiya, learned Addl Govt. Advocate has referred me to Section 5 of Rajasthan Colonisation Act, 1954 and urged that by virtue of applicability of the laws relating to agricultural tenancies, an appeal would lie in such a case to the Revenue Appellate Authority under Section 75 of the Land Revenue Act, He has also contended that, in any case, the Colony Naib Tehsildar had no jurisdiction to conduct the auction as he was neither an Allotting Authority nor a Gazetted officer appointed by the Allotting Authority fire the purpose with the approval of the State Government, as squired by Rule 20 of the Rules. 'Allotting Authority' has been defined in Rule 2 as the Collector is defined in Section 2(i) of the Rajasthan Colonisation Act, 1954. Section 2(i) defines Collector as follows: