NATHULAL Vs. PANA

JUDGEMENT

(1.) This is a revision against the order of R.O. Udaipur, dated 5.2.1958.

(2.) We have heard the learned counsel for the parties and examined the record as well. The learned counsel for the applicants has contended that the Records Officer was not competent to hear the appeal against the orders of A.R.O. which has been indirectly conceded even by the learned counsel for the opposite party. The contention has been made on the basis that the application having been preferred under sec. 122 Chapter VII of the Rajasthan Land Revenue Act, 1956, it was dealt with by the Asstt. Land Records Officer by virtue of sec. 3 (1) of the Act, an appeal against whose order could not be heard by the Records Officer (L.R.O.) under sec. 75(d) of the Act, an Assistant Land Records Officer being not his subordinate under sec. 24(IX) of the Act. Such an Assistant Land Records Officer not having been appointed under sec. 108 of the Act, but only having been directed to perform the duties and exercise the powers of Assistant Land Record Officer by virtue of powers under sec. 260(b) of the Act. The contention is that the appeal should be under sec. 75(f) of the Act to the Director Land Records.

(3.) Manifestly, the contention is devoid of all force. Chapter VII of the Act deals with Survey and Record Operations. Sec. 108 to 130 thereof deal with them specifically. Sec. 108 authorised the State Government to appoint as many Assistant Land Records Officers as it may deem fit besides the mandatory appointment of an Additional Land Records Officer to be incharge of such operations upon the issue of a Notification in that behalf. But sec. 260(b) also authorised the State Government to direct by Notification in the Rajasthan Gazette that any duties imposed and powers conferred by this Act be performed and exercised by any other officer or authority specified in the Notification. It was, therefore, in the competence and discretion of the Govt. to make fresh appointment of such officers or instead to direct any other officer to perform and exercise the duties imposed upon the officers to be appointed under Chapter VII. The officers so directed would, therefore, be as good officers for the purpose as appointed. Vide Notification dated 3.9.56 R.Os. have been directed to perform the duties of Land Records Officer under the provisions of Chapter VII. Sec. 108 to 130 (both inclusive) and vide Notification dated 20.11.56 the Assistant Records Officers have been similarly directed to perform the" duties of Assistant Land Records Officers under similar provisions. The A.R.Os. thus delegated with the powers of Assistant Land Records Officer for purposes of Chapter VII of the Act shall be the officers specially appointed for the local area under Chapter VII, and therefore, subordinate to Land Records Officer i.e. Records Officer delegated with the powers of the Land Records Officer in terms of sec. 24(IX) of the Act. Vide sec. 75(d) Land Records Officers are to hear the appeals against the orders of a Revenue Court or Officer subordinate to him and so it would be the R. O. (Land Records Officer) who would hear the appeals against the orders of A.R.O. (Assistant Land Records Officer) and not the D.L.R. (Director Land Records), who can hear, vide sec. 75(f), appeals only against the orders of Land Records Officer and not Assistant Land Records Officer, so long as a Land Records Officer was. there to hear such appeals.