MANOHAR DAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the order of the learned Deputy Collector Jagir, Nagaur, dated 19-5-65, whereby he reviewed the final award given vide his order dated 20-10-64. By the impugned order, the learned Deputy Collector, Jagir, altered the date of resumption from 15-9-57 as determined in the final award dated 20-10-64 to 29-10-64, considering the estate to be a joint one.

(2.) A preliminary objection was raised by the learned Government Advocate that the question relating to the date of resumption falls within the jurisdiction of the State Govt. and this Board is not competent to examine this question. This objection has been repelled by the learned counsel for the appellants by arguing that if the Deputy Collector Jagir could alter the date, it would be within the province of the Board of Revenue to examine the propriety of his order. It has been pointed out by him that originally by his order dated 1-6-64, the Dy. Collector Jagir had fixed the date to be 1-7-58, but had subsequently, altered it to 15-9-57 while making the final award. It transpires that thereafter following a report by the Accounts Officer to the effect that the date of resumption should have been determined as 1-1-55, a reference was made by the Deputy Collector Jagir to the Jagir Commissioner and the date was altered to 29-10-54 on the basis of the reply received from the Jagir Commissioner.