GOVINDA Vs. KALYAN

JUDGEMENT

(1.) This revision petition arises out of the order of the Revenue Appellate Authority dated 24.4.1963 dismissing the petitioners second appeal against the order passed by the Additional Collector, Jaipur dated 30.7.1962.

(2.) This revision petition is clearly not maintainable on the ground that no revision lies to the Board of Revenue on the subject of allotment of land for agricultural purposes u/s 101 of the Rajasthan Land Revenue Act readwith the Rajasthan Land , Revenue (Allotment of land for agricultural purposes Rules), 1947 being a non -judicial matter but purely an executive matter. Sec. 23 of the Rajasthan Land Revenue Act clearly lays down that the control of all non -judicial matters connected with revenue in the State, other than matters connected with settlement vested in the State Govt. The control of all judicial matters as well as settlement matters vested in the Board. The aforesaid section further lays down that the expression judicial matters means a proceeding in which the Revenue Court or Officer has to determine the rights and liabilities of the parties thereto and the proceedings and orders as well as appeals revisions and references in the cases specified in the First Schedule shall be deemed to be judicial matters for the purposes of that Act. The subject allotment of land finds no place in the 15 items enumerated in the 1st Schedule relating to list of judicial matters. Under these circumstances the allotment of agricultural land is not a judicial matter and therefore no revision would lie to the Board u/s. 84 of the Rajasthan Land Revenue Act, but this power of revision however is exercisable by the State Government u/s. 83 of the same Act being a non -judicial proceedings and not connected with settlement.

(3.) Similar view was taken in land allotment matters by Shri R. N. Madhok in the two cases of State vs. Samast Janta Chharbhuja and State vs. Hukma reported in R.R.D. 1965 p. 203, where the Collector, Udaipur made reference for getting cancellation of orders of allotment of land to the Board of Revenue. Therefore, for the reasons stated above the Board of Revenue has no jurisdiction to exercise his revisionary powers in such matters.