STATE OF RAJASTHAN Vs. BIRENDRA SINGH

JUDGEMENT

(1.) THIS is a second appeal against the order of Revenue Appellate Authority, Kota dated 8. 8. 65. The facts are that the S. D. O. Baran decided on 15. 6. 64 the compensation case of Rao Birendra Singh and others under the Rajasthan Zamindari & Biswedari Abolition Act, 1959. The State appealed against this order to the Revenue Appellate Authority but the appeal was dismissed as being barred by limitation. Second appeal has been preferred here.

(2.) COUNSEL for State and the respondents have been heard and we have perused the record. The Govt. Advocate argued that the notice issued by S. D. O. Baran to the Jagir Commissioner, Collector Kota and the Tehsildar Kishangarh could not be regarded as notice to Govt. and that the appearance of Naib-Tehsildar on behalf of the Tehsildar could not be construed as appearance on behalf of the Govt. and that the appeal was within time from the date the order came within the knowledge of Govt. It was argued that Sec. 5 of Limitation Act was applicable to Rajasthan Zamindari & Biswedari Abolition Act.