STATE OF RAJASTHAN Vs. LAXMAN SINGH
LAWS(RAJ)-1967-1-12
HIGH COURT OF RAJASTHAN
Decided on January 27,1967

STATE OF RAJASTHAN Appellant
VERSUS
LAXMAN SINGH Respondents

JUDGEMENT

- (1.) THIS is an appeal against the order of the Jagir Commissioner, Rajasthan, Jaipur, dated 13-1-1967, where under he had finalised the compensation claim of the Jagirdar, Shri Laxman Singh, respondent.
(2.) THE only point contesting the order of the Jagir Commissioner raised before us was that the learned Jagir Commissioner did not make a deduction of the amount due to the Government as required under Sec. 32 (1) (b) read with Sec. 22 (1) (c) of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952. We have gone through the order of the learned Jagir Commissioner. It appears that previously the compensation claim in respect of this Jagir was finalised on 4-8-1962. On an appeal filed by the Jagirdar in the Board of Revenue, the case was remanded with the direction that after hearing the Jagirdar the amount due to the Government should be deducted from the compensation claim. The learned Jagir Commissioner asked the Collector to send him the revised form No. 10. The Jagir Commissioner has noted that though twelve adjournments were given, yet no reply from the Collector was received. He on 10-6-1965 issued the last letter saying that on 14-7-1965 order would be passed without deducting the Government dues. As no reply from the Collector was received, even though he was informed of this order, the learned Jagir Commissioner passed the order as stated above. Though we appreciate the anxiety of the learned Jagir Commissioner to dispose of this claim as speedily as possible, yet it cannot excuse any deviation from the obligation imposed on him under the law. No body could have blamed him if he was not able to finalise this case because of lack of response from the Collector, but deciding the claim without deducting the Government dues means that he failed to observe the provisions of law. The learned Jagir Commissioner, in our opinion, should have brought this delinquency of the Collector to the notice of the Revenue Secretary or even the Chief Secretary, but he was certainly not within his competence to pass an order under Sec. 32 (2) of the Rajasthan Land Reforms and Resumption of Jagirs Act, without deducting the amount as determined under Sec. 22 (1) (c) of the Act. We cannot but deprecate the lack of awareness on the part of the concerned Collector of his duty to determine the amounts due to the Government. For the reasons given above, we accept this appeal, set aside the order of the Jagir Commissioner dated 13-1-1966, and remand the case to him for passing a fresh order under Sec. 32 (2) of the Act, after deducting the amount due to the Government. .;


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