THAKUR GAJENDRA SINGH Vs. TEHSILDAR WEIR

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution of India.

(2.) THE case of the petitioner is that he is a tenant of Khewat No. 1, containing 2826 Bighas and 6 Biswas of land, situated in village Weirtehsilweir,distt. Bharatpur. It was alleged that patta for this land was granted to the petitioner for a period of 12 years from Svt. 2001 to Svt. 2012. THE name of the petitioner was thereafter entered as a tenant in the revenue records. On 23rd January, 1956, the Tehsildar, Weir, issued a notice to the petitioner asking him not to cultivate and manage the land after the Rabi crops of the year 2012 were harvested. THE petitioner filed a writ application which was writ Application No. 90 of 1956, against the orders of the Tehsildar as being without authority. This petition was disposed of on 11th March, 1957, by an observation that - It is enough to say that the Tehsildar has no jurisdiction to act under sec. 181 which applies to cases of ejectment under sec. 180 (Rajasthan Tenancy Act, 1955 ). THE power to act under sec. 180 is in the Assistant Collector. It is also clear from the proviso to sub-sec. (3) of sec. 182 that if the land, about which action under sec. 180 is to be taken, is Government land, the Tehsildar is to make an application to the Assistant Collector and cannot give notice himself. Further a look at the notice given by the Tehsildar in this case shows that it is not a notice as required under sec. 181 of the Rajasthan Tenancy Act. It is merely an executive notice telling the applicant to get out after the 30th of June, 1956. It is not for us in these proceedings to determine the rights of the applicant nor does he want us to do so. All that is necessary in these proceedings is to see that the applicant, who is a lessee of this land, is not disturbed except under the provisions of law. Shri Ram Avtar, appearing on behalf of the State has assured us. that the State will take action under the law, and will not dispossess the applicant otherwise. "