GANGASHARAN Vs. RATILAL

JUDGEMENT

(1.) THE following question referred by the Chairman by his order dated the 8th September 1969 for consideration by a Division Bench has come up before us. "whether in view of the omission of clause (g) of sub-sec. (1) of sec. 26 of the Rajasthan Land Revenue Act, 1936, by Rajas than Act. No. 8 of 1962, the conferment of the powers of the Director of Land Records on the Revenue Appellate Authority vide Government Notification No. F2 (172 ). Rev. D. Cr. 11, 61, dated the 11th June, 1963, is valid?"

(2.) THE learned Advocate General, arguing the case before us first took us into the chronology of the events in the case in order, as he said to provide the back grounds. On 29-4-59 Dr. Ratilal submitted an application to the Asstt. Settlement Officer, Jaipur to the effect that he had purchased certain land (Khasra No. 308) in village Manrampura Tehsil Sawai Madhopura in 1949, and that Parcha in respect of the land may be issued to him. As the Settlement operations in the Tehsil had ended, the file was transferred by the Asstt. Settlement Officer to the Collector, Jaipur on the 23rd of August, 1960. A notification was issued on 7-9-60 empowering the SDOs in respect of such matters and proceedings were thereafter carried on in the court of the S. D. O. THE SDO decided on 27-9-62 that the land in question was not "abadi" but agricultural and assessable to Land Revenue, and that Khatedari should be recorded in the name of Dr. Ratilal.

(3.) THE notification is thus without proper authority of law. Oar answer to the question referred do us is, therefore, in the negative. .