VEER SINGH Vs. BOARD OF REVENUE FOR RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Art. 226 of the Constitution by Veer Singh against the Board of Revenue, Rajasthan, in a matter arising out of the Marwar Patta Act.

(2.) THE facts of the case are briefly these. THE applicant is a resident of Jodhpur City. He made an application to the Patta Officer, Jodhpur City, for the grant of Patta of certain land adjoining his house, which is within municipal limits. One Naraindass, who appears as opposite party No. 2, objected to the grant of Patta of the land to the applicant. THE Patta Officer made a certain recommendation in July 1935 and the Patta Committe eventually granted Patta for four of the plots to the applicant but refused his prayer for Patta of two other plots. Consequently, the applicant filed an appeal before the Board of Revenue against this decision of the Patta Committee under sec. 30 of the Patta Act. THE Board of Revenue held on the 19th of April, 1957 that the appeal lay to the Commissioner and ordered that the memorandum of appeal be returned to the present applicant for presentation to the proper court. THE present application is directed against this order of the Board of Revenue and the applicant contends that the appeal lies to the Board and not to the Commissioner and therefore the order of the Board, dated 29th April, 1957, be set aside and the Board be directed to hear the appeal according to law.