STATE OF RAJASTHAN Vs. BHAIRAV SINGH

JUDGEMENT

(1.) THIS is a reference from Collector Dungarpur No. 4752, dated 13. 10. 1964 under sec. 82 of the Rajasthan Land Revenue Act, 1956 recommending that the order passed by the Naib Tehsildar, Aspur dated 5. 10. 1962 mutating Khasra No. 2500 consisting of 10 bighas 17 biswas culturable land and No. 3265 consisting of 67 bighas and 17 biswas of the pasture land in village Kala Doongriwali in the name of the Patels be cancelled.

(2.) THE facts were that one Bhairavsingh made a complaint that he has been applying for allotment of this land for the last 3 years, but the Revenue Officers instead of making the allotment of land to him had made the allotment to the Patels. THE application filed by Bhairav Singh for allotment of land was examined by the Tehsildar and the Naib Tehsildar was deputed for enquiry on spot. THE patels of the village resisted this allotment in favour of Bhairav Singh. Instead of making an enquiry at the time as directed by the allotment Advisory Committee, the Naib Tehsildar Gaurishanker passed an order mutating the above two parcels of land in favour of the patels and made no report This mutation was made on 5. 10. 62. This matter was detected subsequently and the Collector after instituting an enquiry cancelled the order of the Naib Tehsildar dated 10. 10. 1963 of mutating the land in favour of patels and called for the explanation of Gauri Shanker Naib Tehsildar and the Patwari Mohammad Hanif. Against this order of the Collector Lavaji and Manji went in appeal before the Revenue Appellate Authority who by his order dated 4. 8. 1964 accepted the appeal and cancelled the order of the Collector, Dungarpur dated 10. 10. 1963 and suggested that the reference be made to the Board of Revenue for revising the order. THE Collector therefore has made this reference for getting the order of mutation passed by the Tehsildar cancelled.