RAJVI ABHEY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application by Rajvi Abhey Singh under Article 226 of the Constitution against the State of Rajasthan, Rajvi Amar Sinath & others, for a writ, order or direction in connection with proceedings said to be pending about the succession to the jagir of Benisar in the former State of Bikaner.

(2.) THE applicant's case is briefly this. THE applicant is a Gajsinghot Rajvi known as Haweliwala and same is the case with Rajvi Amarsingh. THE applicant was the Pattedar of village Benisar till it was resumed under the Rajasthan Land Reforms and Resumption of Jagirs Act (No. VI) of 1952. THE applicant's father Rajvi Gulabsingh was the Pattedar of Benisar till his death when the applicant succeeded to him, and was granted a Patta by the then Ruler, of Bikaner in 1935. THE applicant's father Gulab Singh was adopted by Shersing & on Sher Singh's death the Patta of the village was conferred on Gulabsingh by the then Ruler of Bikaner in 1920. THE applicant and his father were thus in possession of the jagir of Benisar since 1920, till it was resumed by the State.

(3.) THE first act, therefore, namely the sanction of the Maharaja to reopen the case, would, in our opinion, be only an executive matter, and not a judicial or a revenue judicial matter. It was for the Maharaja to decide in his executive capacity whether he would permit cancellation or modification of the order. If he decided that the cancellation or modification should be permitted, the matter would then be investigated by his officers and such person as would be competent to pass the final order would do so in the end. We are, therefore, of opinion that the State of Rajasthan had power, under Section 4 (1) Clause (c) of Ordinance No. XL of 1949, to deal With this case as it was neither a judicial nor a revenue judicial matter, but a case of executive nature.