THAKUR DEVRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ application by Thakur Devraj Singh ex-Jagirdar of jagir Dangarthal situated in the former State of Jaipur under Arts. 226 and 227 of the Constitution against order of the Board of Revenue dated the 28th-l 1-1962. reversing the order of the Additional Jagir Commissioner dated the 1. 5. 1961, as having been passed without jurisdiction, in a proceeding u/s. 23 of the Rajasthan Land Reforms and Resumption of Jagirs Act No. VI of 1952 (hereinafter called the Act ).

(2.) THE dispute relates to certain immovable property which is described in the writ application as a Haveli with Nohra known as Nanaji-ki-Haveli which is situate on Chaura Rasta in the city of Jaipur. It is admitted that the aforesaid property was received by Thakur Kalyan Singh, grand father of the petitioner, from H. H. Maharaja Sawai Madho Singh of Jaipur under a Sanad dated Sawan Sudi 3, Smt. '1945 (corresponding to sometime in 1888 AD) (Ex. 1 ). According to the petitioner, this grant came to be made to Thakur Kalyan Singh before any jagir was as such granted to him, although we do not know the exact date when the jagir of Dangarthal was actually granted, and was, therefore, an absolute gift to the grantee. While according to the respondent State, as it appears from the contentions raised on its behalf before the tribunals below (and we say so because it has not chosen to file any reply to the petitioner's writ application in this Court), it was an Inam grant made to Thakur Kalyan Singh. Be that as it may, the jagir of Dangarthal was resumed under the Act sometime around 1954. THEreafter, the petitioner preferred an application before the Jagir Commissioner u/s. 23 of the Act for a declaration that the Haveli and Nohra in question be declared to be his private property within the meaning of that section. THE Additional Jagir Commissioner made an enquiry into the matter, and by his order dated the 1. 5. 1961, declared the said property to be the private property of the petitioner. He, however, added a rider that it would be permissible to the State to initiate proceedings for the resumption of this property in accordance with law, presumably under the Matmi Rules of the Jaipur State, 1945. Against this order, the State went in appeal to the Board of Revenue. THE learned members of the Board by their judgment dated the 28th November, 1962 set aside the order of the Additional Jagir Commissioner and held that the latter had no jurisdiction to deal with the matter raised by the petitioner before him under sec 23 of the Act. THEreafter, the petitioner applied for a review of the above mentioned order to the Board which was dismissed on the 12th June, 1963. Consequently, the petitioner has come up with the present writ petition with a prayer that the orders of the Board dated the 28th November, 1962, and the 12th June, 1963, be quashed and the judgment of the Additional Jagir Commissioner dated the 1st May, 1961, be restored.

(3.) NOW, when the matter was taken before the Board of Revenue, the ground was no doubt taken that the property in question was subject to the Matmi Rules of 1945, but no specific ground was at all taken that the Additional Jagir Commissioner had no jurisdiction to deal with the petitioner's application under sec. 23 of the Act or that the property in question was not covered by sec. 23 (1) of the Act and, therefore, also the Additional Jagir Commissioner had no jurisdiction in the matter.