AMAR SINGH Vs. RAWAT GOVIND SINGH

JUDGEMENT

(1.) THIS is a revision against an appellate order of the Additional Commissioner, Udaipur dated 31. 3. 54 in a case relating to recovery of compensation.

(2.) THERE is a tank known as Manohar Sagar in Thikana Sardargarh. With the storage of water up to full capacity in the tank some land of Thikana Amet used to get submerged and hence there was constant friction between these two thikana. Thikana Amet would demand clearance of water out of the tank and Thikana Sardargarh would insist on retention of the water in it. Eventually it was settled mutually between the two thikanas that it should be emptied till Diwali. This practice was followed for some time and in Svt. year 2002 the Mewar Government on being approached by Thikana Sardargarh ordered that the tank need not be emptied and it should he kept filled up experimentally and if there is any loss to the cultivators of Amet, the estimate may be got prepared so that Thikana Sardargarh may be required to pay the same For two years the water from the tank was not discharged. After that the Appeal Committee of the former Mewar Government decided that the tank should be emptied and proceedings as regards compensation for the period of two years during which the tank remained filled up be continued. These proceedings could not be completed till the enforcement of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951 and hence directed to be treated as having commenced under this Act. Parties were directed to put in their plant and written statement and to pay the court fees as well. In an appeal being filed before the Additional Commissioner, it was ordered by him that no court fees need be charged. The learned counsel for the applicant has stated that the only object in filing this revision is that the decision as regards the non-payment of court fees by the learned Additional Commissioner be set aside.