SHEO PRAKASH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ application by Sheo Prakash Singh son of Thakur Sanwal Singh under Article 226 of the Constitution is directed against the order of the Revenue Board of this State dated 17-10-1958, by which it has granted a review of an earlier order of the Board dated 29-10-1957, and ordered the case to be listed for re-hearing and fresh disposal in accordance with law in a matter arising under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (No. VI of 1952) (hereinafter referred to as the Resumption Act). The petitioner is a minor and was Jagirdar of Thikana Siwar in the former Jaipur State and his jagir was resumed on 1-7-1954, under the Resumption Act and he has filed the present application with Thakur Umed Singh as his next friend.

(2.) The dispute out of which the present application has arisen relates to a piece of land measuring about 50 Bighas situate on the Tonk road within the municipal limits of the Jaipur city. The petitioner's case is that this land was granted to his grandfather Thakur Mehtab Singh as a gift by the then Ruler of the former Jaipur State for the purpose of building a house and laying out a garden thereon. In support of this averment, the petitioner has filed a true copy of the sanad granted in the name of the then Dewan Mohammed Makbul Hus- Bain Khan of the former Jaipur State in favour of the petitioner's grandfather Thakur Mehtab Singh and addressed to the Tehsildar Sawai Jaipur, and this is dated Asoj Vadi 1 Smt. 1970. The case of the petitioner is that ever since Suit. 1970 this land has been in the possession of his ancestors and himself without any dispute until 30-8-1955. It is alleged that on 31-8-1955, the Secretary, Urban Improvement Board, Jaipur City, made reference to the Jagir Commissioner to ascertain the nature of the petitioner's title to this land. Thereupon the Jagir Commissioner made an inquiry and by his order dated 29-12-1955, held that this land did not form part and parcel of the jagir of the petitioner but was his private property within the meaning of Section 23 of the Resumption Act. The State went in appeal from the aforesaid order to the Revenue Board. The Board by its order dated 10-12-1956, remanded the case back to the Jagir Commissioner for a proper inquiry and a fresh decision. Consequently, the Jagir Commissioner again held an inquiry and by his order dated 4-6-1957, reaffirmed his earlier decision that the land in question was covered by Clause (b) of Section 23 (1) of the Resumption Act and was, therefore, the private property of the petitioner and not liable to resumption. The State again went in appeal to the Revenue Board. A Bench of the Revenue Board consisting of Sri Kanwar Bahadur and Sri Jainath Kunzru by a fairly elaborate order upheld the decision of the Jagir Commissioner and dismissed the appeal on 29-10-1957. Thereafter the State filed a review application. This review was heard by another Bench consisting of Sri Shyamlal and the other member being the same as before Sri Kanwar Bahadur, and granted by the order dated 17-10-1958, which is impugned before us.

(3.) It seems that a number of grounds were raised in the review application filed by the State, but the learned members confined their decision to one point only. This point may best be stated in the words of the learned members themselves as follows :