STATE Vs. BHAGWAN SINGH

JUDGEMENT

(1.) THIS is an appeal against the order of the Jagir Commissioner, Jaipur dated 21-6-62 in claim No. F. (26)JC/bmr. The learned Government Advocate has attacked the impugned order only with regard to the income from grazing fee and non-agricultural uses of land. His contention is that such income could have been granted only on the basis of schedule 11 attached to the Land Reforms and Resumption of Jagirs Act, whereas the learned Jagir Commissioner has erred in not following the said provisions of law and has evolved new formula by which he has allowed one third income from grazing fee and non-agricultural uses of land claimed by the Jagirdar. He has argued that such formula has no legal sanctity and cannot be introduced by the learned Jagir Commissioner. He has therefore urged that the appeal may be accepted and the case may be remanded to the Jagir Commissioner for determining the income from grazing and non-agricultural uses of land as per provisions of the Jagir Act.

(2.) THE learned counsel for the respondent has conceded that the learned Jagir Commissioner has not followed the provisions of the Jagir Act in determining the income from grazing and non-agricultural uses of land.