KIRORILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Additional Collector, Bharatpur, dated 23.7.63, rejecting the appeal of the petitioner against the order of the Naib Tehsildar, Bayana, dated 28.5.63, whereby the Naib Tehsildar, served a notice on the petitioner to deposit the sum of Rs 5585.50 which was due from him to the Panchayat Samiti, Bayana. The learned Collector refused to interfere with the order on the ground that it had been issued by the Naib Tehsildar in the course of the execution of the order of the Collector, which in turn was based on the certificate filed by the Vikas Adhikari under secs. 256 and 257 of the Rajasthan Land Revenue Act. The Collector observed that the Naib Tehsildar as an executing officer, was not expected to go behind the orders of the Collector and, therefore, rejected the appeal.

(2.) BEFORE proceeding with the merits of the application, the learned counsel for the petitioner drew my attention to the application of the petitioner dated 6.8.54. It is submitted therein that the petitioner who had been advanced a certain sum of money for carrying out a certain construction work in the capacity of a Sarpanch of the Village Panchayat had since got the construction work completed and had submitted the accounts to the Vikas Adhikari. It is averred that the certificate of demand had been issued by the Vikas Adhikari as he was prejudiced against him. In the meantime, it is stated that the Vikas Adhikari has been transferred and the Sarpanch, petitioner, has obtained a certificate from the Asstt. Engineer, CD. Block and as such, the petitioner has now no liability in this respect. If this is so, the best thing would be for the petitioner to approach the Vikas Adhikari and have the certificate of demand withdrawn. As the law is, so long as the certificate stands filed with the Collector, it must be deemed to be conclusive evidence of the arrear payable to the officer or authority signing the same, of the amount of such arrear and of the person who is a defaulter, as laid down in sec. 257 A(2) of the Rajasthan Land Revenue Act. The only remedy open to him lies under sec. 257 B under which he may pay the amount claimed under protest and may institute a suit for the recovery of the whole or a part of the sum so paid under protest.