AMAR SINGH Vs. GOVT OF RAJASTHAN

JUDGEMENT

(1.) THE circumstances which have given rise to application in revision may be stated in brief as below.

(2.) IT appears that the Jagir Inspector, Udaipur, in his inspection note dated 9/10th May 1956 reported to the Dy. Collector Jagir that the tank known as Manoharsagar in village Sardargarh of the resumed Thikana Sardargarh had ever since been used by the cultivators of the near by villages for irrigation purposes and that the same tank as well as the peta lands had not been taken possession of by the village Patwari inspite of the fact that these were not the personal property of the jagirdar. The Dy. Collector jagir, thereupon, sent a directive to the Tehsildar that until further orders the tank in question should be kept under 'kurki' and a report about the land etc. may be sent to him. The Thikana approached the Dy. Collector Jagir to reconsider his order on the main ground that the tank belonged exclusively to the Thikana, but without any success. Afterwards a representation was made to the Jagir Commissioner in which it was specifically urged that the Dy. Collector Jagir had without hearing the applicant or making any enquiry in this behalf ordered the attachment of the tank as well as the 'peta' lands belonging to the Thikana which was illegal. IT was prayed - that the order of the Dy. Collector be vacated. The Jagir Commissioner by his order dated 3. 7. 56, does not appear to have given any direction about the tank in question but simply sent a copy of the representation of the applicant to the Dy. Collector Jagir with the remark that if the Jagirdar had unlawfully taken possession of any land he should be treated as a trespasser and regular proceedings be initiated against him in accordance with the law on the subject. The Dy. Collector on receipt of this order for reasons which do not appear on the record, vacated his previous order about attachment and directed the Tehsildar to make enquiries in accordance with law. IT is not clear from this file as to what further action was taken by the Tehsildar in this matter. IT, however, appears that in the meantime an order of the Revenue Secretary, Government of Rajasthan, No. F. 4 (543) RB/54, dated 21. 7. 56. reached the Tehsildar which, on being translated into English, reads as below: - "subject: - About continuing irrigation by cultivators from the tank Manoharsagar in village Sardargarh.