ONKAR BHARTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition by Onkar Bharati is directed against the order passed by the Revenue Appellate Authority, Bikaner dated 12. 5. 1964. Briefly the facts of the case are that the petitioner is the recorded khatedar tenant of some lands in chack Ratangarh, Tehsil Ratangarh, District Churu. Khasra No. 614 consisting of 1 bigha and 12 biswas which is the disputed chahi land was also shown in the misal bandobast in the khatedari of the petitioner. It is stated that the Commissioner on 10. 10. 1955 ordered the convertion of this agricultural land into abadi. The petitioner consequently applied to the Sub Divisional Officer, Ratangarh for a grant of new patta of the abadi land in his favour. THIS application was filed on 26. 11. 58, which was rejected by the Sub-Divisional Officer on 2. 9. 1963. Against that order an appeal was filed before the Revenue Appellate Authority, Bikaner, who accepted the appeal of the petitioner Onkar Bharati and ordered that the land may be given to the petitioner after recovering Re. 1. 50 paisa per sq. yard from the appellant. THIS order of the Revenue Appellate Authority was set aside by the Board of Revenue in their order dated 16. 4. 1963 and the case was remanded to the Collector for determining two issues (1) whether the land was converted into abadi by a competent authority. (ii) whether the land was muafi or khatedari of the applicant. The Collector, Chum by his order dated 11. 12. 1963 found that the land no doubt was ordered to be converted into abadi by the Commissioner by an order of mutation dated 10. 10. 55 but with regard to the second issue, the Collector came to the conclusion that as the land was converted into abadi the petitioner lost his khatedari rights and he could not be granted any patta. THIS order of the Collector in an appeal filed by the petitioner was also confirmed and his application for grant of patta of the abadi land was rejected. Aggrieved by these orders of the subordinate Courts the petitioner has come up in revision before us.

(2.) HIS only contention was that as far as the petitioner's title to the khatedari rights of khasra No. 614 is concerned, it is amply proved from the record that the petitioner was the khatedar of the land. The Commissioner Bikaner vide the Government Notification No. F. 16 (19) Rev. /l-52 dated March, 1963 was empowered to pass orders for convertion of agricultural lands into abadi lands. A true copy of this order has been exhibited as exbt. 1 in the file. Item No. 3 of the above Notification deals with the delegation of Government's financial powers to the Board of Revenue and other revenue authorities with regard to various matters.