H H AMBIKA PRATAP SINGH BAHADUR PRATAPGARH Vs. STATE
HIGH COURT OF RAJASTHAN
H H AMBIKA PRATAP SINGH BAHADUR PRATAPGARH
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(1.) THIS is an appeal u/s. 20 of the Rajasthan Land Reforms & Acquisition of Land Owners Estates Act against order of Collector, Chittorgarh dated 19. 2. 66.
(2.) IN view of the order that we are passing the facts need not be narrated at length. Briefly as per his letter dated 1. 2. 65 the Private Secretary to Maharawat Ambika Pratap Singhji of Pratapgarh wrote to the Collector, Chittorgarh that some agricultural properties of His Highness had been acquired under the Land Reforms & Acquisition of Land Owners Estates Act and that the properties do not come within the purview of the Act for objections stated in the letter and it was requested that the possession of those properties be given back to His Highness. On this the Collector, Chittorgarh passed an order on 19 2-65 that the property had been acquired by Rajasthan Government and so any objections to that transaction should be made before the Rajasthan Government. To this His Highness has come in appeal.
Counsel for His Highness as also the Government Advocate have been heard and we have perused the record. A preliminary objection was taken by the Govt. Advocate that the appeal was not maintainable. Counsel for His Highness was asked to point out under which provision of law the appeal was maintainable. He stated that sec. 20 read with sec. 3 (2) of the Land Reforms & Acquisition of Land Owners Estates Act were the provisions in question. Sec. 3 (2) reads - "the amount of land revenue payable in respect of any estate of a landowner shall be assessed by the Collector in the manner herein after provided in this Chapter. " Counsel for appellant was asked to elucidate how this was applicable to the order in question. He stated where else could he go in appeal except the Board of Revenue. This reply is not convincing at all. He also took up the plea of the superintending powers of the Board u/s. 8 and 9 of Rajasthan Land Revenue Act. Now the Rajasthan Land Reforms & Acquisition of Land Owners Estates Act is a Special Act and the provisions of Land Revenue Act have not been made applicable to it. The appeal is not maintainable and fails. .;
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