Ramaswami, J. - (1.) This appeal 18 brought, by certificate, from the judgment of the Rajasthan High Court dated October 7, 1963 in D. B. Civil Writ Petition No. 482 of 1962. By its judgment the High Court allowed the Writ Petition filed by the respondents and quashed the orders of the Board of Revenue dated July 24, 1959, April, 8, 1960 and July 16, 1962.
(2.) The jagir of respondent No. 1, Rao Baldev Singh was resumed with effect from August 15, 1954 under the provisions of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (Act No. VI of 1952) , hereinafter referred to as the Act. A notice was issued by the Collector, Bikaner to respondent No. 1 on August 23, 1954 asking him to hand over the charge of the jagir but respondent No. 1 did not comply with the notice as he had filed a writ application in the High Court challenging the validity of the Act. A subsequent notice was issued to respondent No. 1 by the Collector on May 14, 1955 directing him to hand over charge of the jagir. Respondent No. 1 actually handed over charge of the jagir on September 27, 1955 and at the same time submitted a list of his private properties under Section 23 of the Act. In the said list was included 5490 bighas and odd of agricultural land in villages Mirgarh, Anandgarh and Rawla in Ganganagar district and Anupgarh in Bikaner district which respondent No. 1 claimed as his khudkasht land. On March 18, 1957 respondent No. 1 made an application to the Tahsildar, Anupgarh to correct entries in the revenue records and to show the area claimed by him as his khudkasht land. After an enquiry the Tahsildar, Anupgarh forwarded the application to the Assistant Collector Ganganagar recommending the correction of the entries as prayed for by respondent No. 1. The Assistant Collector forwarded the papers to the Collector, Ganganager who recommended to the Divisional Commissioner, Bikaner that the correction of entries may be made. By his order dated November 30, 1958 the Divisional Commissioner Bikaner accorded sanction and directed the Collector to enter the disputed lands in the revenue records as kbudkasht lands of respondent No. 1. On appeal to the Board of Revenue the case was remanded to the Divisional Commissioner on July 24, 1959 with a direction that he should refer the matter to the Jagir Commissioner and kill his decision was received the entries in the revenue record should not be altered. It appears that the record of the case was transmitted for compliance to the Sub-Divisional Officer, Raisinghnagar by the office of the Commissioner of Bikaner, who, after making an enquiry, submitted his recommendation to the Jagir Commissioner instead of sending it to the Divisional Commissioner to correct the relevant entries. Meanwhile the Director of Colonisation came to know of the proceedings which were going on and therefore he addressed a letter on December 22, 1958 to the Divisional Commissioner Bikaner to review his order dated November 30, 1958 and requested him to refer the matter to the Jagir Commissioner who was the only competent authority to determine the nature of the disputed property under Sec. 23 (2) of the Act. On receipt of the said letter the Divisional Commissioner reviewed his previous order of November 30, 1958 and ultimately dismissed the objections of Director of Colonisation on March 5, 1959. It appears that the Additional Jagir Commissioner after receiving the papers from the Sub-Divisional Officer, Raisinghnagar also decided the matter on October 5, 1959 holding that the disputed land should be treated as the personal property of the ex-Jagirdar of Sattasar. The State of Rajasthan preferred appeals to the Board of Revenue against the orders of the Commissioner, Bikaner dated March 5, 1959 and against the order of the Additional Jagir Commissioner dated October S. 1959. By its judgment dated July 24, 1959 the Board of Revenue set aside the order of the Commissioner of Bikaner and directed him to decide the case after referring the matter to the Jagir Commissioner for determining the nature of the property under Section 23 (2) of the Act. By its order dated April 8, 1960 the Board of Revenue quashed the order of the Additional Jagir Commissioner and remanded the case to him with the direction that he should dispose of the matter after proper enquiry in accordance with the provisions of the Rules framed under the Act. Respondent no. 1 preferred a review against the order of the Board of Revenue dated April 8, 1960 but the review petition was dismissed by the Board of Revenue on July 16, 1962. Respondent No. 1 thereafter moved the High Court of Rajasthan for the grant of a writ under Art. 226 of the Constitution. By its judgment dated October 7, 1963 the Rajasthan High Court allowed the Writ Petition and quashed the orders of the Board of Revenue dated July 24, 1959, April 8, 1960 and July 16, 1962, holding that no enquiry under Sec 23 (2) of the Act was necessary in the case and the matter required to be disposed in accordance with the procedure laid down in the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) regarding the correction of entries. The High Court accordingly directed that the Board of Revenue may either itself dispose the appeal if no further material was required for the purpose or may pass such orders which the circumstances required for final disposal of the case.
(3.) It is necessary at this stage to set out the provisions of the relevant statutes. On February 13, 1952 the Rajasthan Legislature enacted the Act to provide for the resumption of jagir lands. Under Sec. 21 of the Act the Government of Rajasthan was empowered to issue a notification appointing a date for the resumption of any class of jagir lands and under Section 22 of the Act the right, title and interest of the Jagirdar in his jagir lands stood resumed to the Government free from all encumbrances as from the date of resumption notified under Section 21. Section 23 of the Act, however, provided that the khudkasht lands of the jagirdar shall be continued to be held by the jagirdar.;