BHURA RAM Vs. DAULAT SINGH

JUDGEMENT

(1.) THIS revision has been presented in respect of order of Additional Collector, Sikar dated 21st January, 1966. The facts of the case are that by mutation order dated 3-12-1964 the Tehsildar, purporting to act under sec, 19 of Rajasthan Tenancy Act changed the Khatedari of Khasra number 314 of village Samrathpura from the name of Daula, non-applicant to the name of Bhura, applicant. On 9-11-1965 the successor of the Tehsildar who passed the order of 3-12-1964 wrote to the Additional Collector, Sikar and stated that Daul Singh (namely Daula) was a military man and so under sec. 46 Rajasthan Tenancy Act his land could not be mutated in the name of Bhura. Cancellation was requested. The Additional Collector Sikar ordered cancellation of the mutation after giving notice to Bhura and hearing him. Bhura has come up in revision.

(2.) I have heard the advocates for the parties and have perused the record. The Advocate for petitioner contended that the whole matter bristled with irregularities. The Tehsildar having written to the Additional Collector, the latter chose to treat the communication of the Tehsildar as an appeal. This was absolutely un-warranted. The Additional Collector had given no proper opportunity to Bhura for producing his evidence and had stated against the record that Bhura did not avail of opportunities given. It was pleaded that the case should be remanded to the Additional Collector for deciding it after hearing both the parties properly.