RAWAT SAWAI HARI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THROUGH this appeal the jagirdar of Thikana Begu seeks to attack the order of the Jagir Commissioner dated 24-4-63 relating to the declaration of his personal property. Before we could embark upon the merits of the appeal, the learned counsel for the appellant sought to address the court in respect of ground No. 15 of the appeal. His contention is that under Sec. 23 Sub sec. 2 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952, the Jagir Commissioner has no authority to have the list submitted by a Jagirdar examined suo-moto. Sec. 23 (1) saves the property enumerated therein from being resumed. Sub-Sec. 2 lays down that if any question arises whether any property is of the nature referred to in sub-sec. (1), it shall be referred to the Jagir Commissioner, who may, after holding the prescribed enquiry, make such order thereon as he deems fit. The learned counsel contends that this section empowers the Jagir Commissioner to institute an enquiry only, if any, question arises with regard to the nature of the property and is referred to the Jagir Commissioner. According to his interpretation, this section does not authorise the Jagir Commissioner to institute the enquiry suo-moto. According to his contention, Rule 23 which permits the Jagir Commissioner to review the list on his own motion runs counter to the Act and must, therefore, be struck down as invalid.

(2.) THE Government Advocate has repelled this contention by arguing that the power to declare the personal property vests in the Jagir Commissioner. According to him, it will be a travesty of justice if the Jagir Commissioner is debarred from applying his mind to the list submitted to him.