HARCHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 is aimed at over setting the judgment dated February 9, 1970, passed by the learned Single Judge of this Court by which he dismissed the petitioner Harchand's petition under Article 226 of the Constitution of India.

(2.) FACTS necessary for the disposal of this appeal may briefly be recounted as under: Petitioner Harchand submitted a petition under Article 226 of the Constitution of India for quashing and setting aside of the order (Ex. A) dated October 5, 1967, passed by Shri Brij Sunder Sharma, Revenue Minister of Rajasthan (hereafter 'the then Revenue Minister'), while exercising his power of review under Section 85A of the Rajasthan Land Revenue Act, 1956 ('the Act' hereafter). Petitioner Harchand died during the pendency of the appeal and as such his legal re preventatives were ordered to be brought on record on April 5, 1971. Before the learned Single Judge, it was a common ground between the parties that the petitioner had unauthorisedly occupied 13 Bighas of land in khasra No. 1909 situate in village Dhaneria Dholia, Tehsil Mavli, District Udaipur and sunk a well. The petitioner applied for the allotment of that land on the ground that he had been in possession thereof for the last eight years. The Tahsildar Mavli, took proceedings under Section 91 of the Act against the petitioner treating him as a trespasser and ordered that he may be evicted therefrom Being dissatisfied with that order, the petitioner filed an appeal. The Additional Collector, Udaipur upheld the eviction order. The petitioner went in second appeal before the Revenue Appellate Authority Udaipur but that appeal was dismissed on November 30, 1964 Being aggrieved by the order of dismissal of the appeal, the petitioner moved the State Government under Section 83 of the Act on January 7, 1966 in revision. Shri Kumbha Ram, Revenue Minister (hereafter' former Revenue Minister') allowed the revision application by his order dated May 5, 1966 which was issued on July 6, 1966 and directed that the petitioner be not evicted from the land in hi? possession referred to above, Subsequently, the residents of village moved the then Chief Minister of Rajasthan on August 17, 1966 that an illegal order was passed by the former Revenue Minister on May 5, 1966, issued on July 6, 1966, by which he created khatedari rights in the pasture land. The matter, therefore came before the then Revenue Minister (successor to the former Revenue Minister), who, by his detailed order dated July 23, 1967 and order dated October 5, 1967 set aside the aforesaid order which was issued on July 5, 1966 and upheld the decision of the Revenue Appellate Authority. Being aggrieved by this order of the then Revenue Minister dated October 5, 1967, the petitioner filed a writ petition under Article 226 of the Constitution of India for quashing and setting aside that order.

(3.) AN objection was taken before the learned Single Judge that the then Revenue Minister had no power under the law to review the order of the former Revenue Minister. Learned Single Judge repelled the contention end held that in view of the specific provisions of Section 85A of the Act, the State Government could review its order. The learned Judge also held that the Tehsildar, the Addl. Collector and the Revenue Appellate Authority had found that the petitioner was rank trespasser and so he is liable to be in ejected from the land under Section 91 of the Act and the then Revenue Minister had no jurisdiction to set aside the order of these three Authorities. In this view of the matter, the learned Single Judge dismissed the writ petition by his order dated February 9, 1970 Against this order, the petitioner -appellant has preferred this special appeal.