BIG SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant has filed this appeal under sec. 39 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 against the order of Additional Commissioner, Jagir dated the 3rd October, 1962 issuing the final award. THE appellant's first contention was that the Additional Jagir Commissioner without enquiring into the matter of State due3 against the appellant wrongly deducted the amount found against him under Form 10 issued by the Collector. This form, the appellant urged, was not clarified from him by the Collector, Churu and the Additional Jagir Commissioner did not look into this clarification. THE High Court of Rajasthan has held in some cases that the issue of form No. 10 by the Collector determining the State dues against the Jagirdar is impeachable before the Jagir Commissioner or the Officers charged with the duty of passing final award in Jagir compensation. THE Additional Jagir Commissioner definitely committed an error of law in not giving any opportunity to the appellant nor looking into the clarifications sought by him from the Collector Churu in this respect. We accept this contention.

(2.) THE second contention of the appellant was that the Additional Jagir Commissioner wrongly deducted an amount of Rs. 823/- from his compensation by way of tribute which amount the appellant received from his sub-grantees. THE only amount that was payable to the State by way of tribute was Rs. 900/- per annum which he clearly admitted. In this case also the Additional Jagir Commissioner committed a grave error of law in acting upon the mere admission of the Jagirdar with regard to his liability of payment of tribute to the State. This is a fixed sum of money which is payable by the Jagirdar annually to the State. THE mere fact that the Jagirdar also received tribute from his sub-grantees does not lead to an inference that this amount is also payable to the State Government by way of tribute.