Kuldip Singh, J. - (1.) The Rajasthan Government issued notification dated May 30, 1978 under S. 2(1)(a) of the Rajasthan Colonisation Act, 1954 (the Act) appointing the Colonisation Tehsildars to perform the functions and exercise the powers of the Collector under Section 22 of the Act. The short question for our determination is whether the said notification, validly confers the powers and the functions of the Collector under the Act upon the Colonisation Tehsildars.
(2.) Section 2(i)(a) and Section 22 of the Act, which are relevant, are reproduced hereunder,.- "Section 2(i)(a) - 'Collector' means the Collector of the district and includes- (a) Any officer appointed by the State Government to perform all or any of the functions and exercise all or any of the powers of the Collector under this Act. 22. Unauthorised occupation of land and re-entry.- (1) Any person who occupied or continues to occupy any land in a Colony to which he has no right or title or without lawful authority shall be regarded a trespasser and may be summarily evicted therefrom by the Collector at any time at his own motion or upon the application of an aggrieved person at whose disposal such land has been placed; and any crops, trees and buildings or any other constructions, erected or anything deposited on such land shall, if not removed within such reasonable time as the Collector may from time to time fix for the purpose, be liable to be forfeited to the State and to be disposed of as the Collector may direct: Provided that the Collector may, in lieu of ordering the forfeiture of any such building or other construction, order the demolition of the whole or any part thereof. (2) Such trespasser shall further be liable to pay, for each agricultural year during the whole or any part whereof he has been in such unauthorised occupation of the land, a penalty which may extend to fifty times the annual rent, or assessment, as the case may be, for the first act of trespass. In the case of each subsequent act of trespass, he shall, by the order of the Collector, be liable to commitment to civil prison for a term which may extend to three months and to pay penalty to the extent as aforesaid. The amount of such penalty shall be recovered as an arrear of land revenue. (3) Before taking proceedings for eviction under sub-section (1), the Collector shall cause to be served on the person reported to be occupying or continuing to occupy land without lawful authority, a notice specifying such land and calling on him to appear. and show cause why he should not be evicted therefrom. (4) In any of the following cases namely- (i) where the trespasser neither vacates the land nor makes appearance in response to the notice issued under sub- section (3); or (ii) where in response to such notice the trespasser does not vacate the land and makes appearance but- (a) does not show any cause; or (b) makes any representation which is rejected after such enquiry and hearing as may be necessary in the circumstances of the case; the Collector shall, unless in the case covered by clause (ii) above the trespasser undertakes to vacate the land within a week's time and vacates it within such time, order removal of the trespasser from such land and shall remove or depute any person to remove him therefrom and take possession thereof."
(3.) The notification dated May 30, 1978 .issued by the State Government under Section 2(i)(a) of the Act reads as under: "In exercise of the powers conferred by subclause (a) of clause (i) of Section 2 of the Rajasthan Colonisation Act, 1954 (Rajasthan Act o. XXVII of 1954), the State Government hereby appoints all Colonisation Tehsildars of the State to perform such fuctions and to exercise "such powers" of collector under Section 22 of this Act in the villages specified as 'Colony' from time to time under this Act and are falling in their respective jurisdiction." ;