SHIVJI Vs. KISHRSARAM

JUDGEMENT

(1.) THIS appeal has been filed against the order of the learned Revenue Appellate Authority, Bikaner, dated 6. 10. 1965, whereby he accepted the appeal against the order of the Additional Collector, Jodhpur, dated 20. 7. 1964, and set aside the order of the Addl. Collector on the ground that the Addl. Collector had no jurisdiction to entertain the application filed by the appellants for setting aside the ex-parte order passed against them) by the Record Officer, after the conclusion of the record and settlement operations.

(2.) THE dispute relates to Khasra Nos. 424 and 425 in the Lawera Khurd, Tehsil Osian. It transpires that the above Khasra numbers were recorded in the name of the appellants during the settlement and record operations. An objection was filed by the respondent before the Record Officer contesting the claim of the appellants. This objection was heard exparte by the A. R. O. and was accepted on 26. 6. 58. It was held that these fields should be recorded in the name of the respondent. THEreafter, the record and settlement operations in this area came to a close. No application for setting aside the ex-parte order was filed before the Record Officer during the continuance of the Record operations. Subsequently, however, an application was filed on behalf of the appellants before the Addl. Collector for setting aside the above order of the Record Officer. THE learned Addl. Collector heard both the parties and set aside the order of the A. R. O. dated 26 8-58. Having felt aggrieved by this order, the respondent filed an appeal before the learned Revenue Appellate Authority. THE main ground of attack was that the Addl. Collector had no jurisdiction to entertain the application of the present appellants after the close of the settlement operations. THE learned Revenue Appellate Authority accepted this contention and set aside the order of the Addl. Collector. Hence this appeal.