GOPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision has been filed against an order of the Tehsildar, Jaipur, dated 8. 9. 1950 directing realisation of arrears outstanding against the Thikana of the applicant. It appears that the applicant first filed an appeal against this order before the Collector, Jaipur on 20. 11. 50 and the same was returned to him on 18. 1. 56 for presentation to the proper court. Hence he has come up in revision before us.

(2.) WE have heard the learned counsel for the parties and have examined the record as well. The proceedings which give rise to this revision (File No. Svt. 2007/91, Bakaya of Tehsil Jaipur) commenced upon a report, dated 4 6-45 of a Tehsil Official to the effect that the work relating to the Khasra and rent collection of the Thikana has been completed. Subsequently it was found that the Thikana owed about Rs. 4000/- to Zanani Dyodi and that Rs. 200/- per annum were being paid by the Thikana towards the discharge of this debt - Rs. 75/-in Kharif and Rs. 125/- in Rabi. The Thikana on being required to pay this amount put up objections to the effect that there were no outstanding against the Thikana as they all had been paid-up and that Accounts Section should be required to verify ail these payments. The record performed numerous journeys in between the offices of the Collector and Tehsildar and at one stage the Collector, ordered that the Thikana was raising frivolous objections with a view to delay the recovery It was observed by the Collector that burden of proving payment of dues rested upon the Thikana and they should discharge it properly and failing which suitable action should be taken against it. The Tehsildar thereupon ordered recovery of the dues by his order dated 8. 9. 1956.