- (1.) THIS application in revision has been filed by Shri Ridhkaran against an appellate order of the Additional Commissioner, Jaipur dated 24th March '60 passed in a second appeal reversing the appellate order of the Additional Collector, Bhilwara dated 26-12-59 the effect of which was to set aside a mutation order of the Tehsildar, Bhilwara.
(2.) THE facts giving rise to this application are that the Tehsildar Bhilwara decided a mutation case No. 19 in favour of the respondent whereby Khasra Nos. 1619, 1620, 1621, 1622, 1623, 93 1629, in total measuring 26 bighas 3 biswas were directed to be recorded in the Khatedari of the respondent. THE present appellant Shri Ridhkaran appealed from this order and the learned Additional Collector hearing the appeal set aside the order of the Tehsildar finding it to be suffering from many defects procedural and legal both. To enumerate only the important ones of these reasons the learned Additional Commissioner found that the mutation should have been decided by the village Panchayat in whose local jurisdiction the village containing the land in dispute was situated. He also found that the mutation order does not disclose at what place and on what date the mutation was decided and what enquiry was made. However the respondents appealed from this order on the ground that the appellant (i. e. the petitioner before us) had no locus standi to feel aggrieved by the order of the Tehsildar. THE learned Additional Commissioner accepted the appeal on this ground and set aside the order of the Additional Collector and restored that of the Tehsildar. Before us also on behalf of the non-petitioners, the same objection i. e. the petitioner has no locus standi has been raised. We would have considered this point had we come to the conclusion from perusal of the record that the mutation officer had observed the procedure prescribed for the sanction of the mutations. The minimum essential of mutation order as prescribed in sub-rule 4 of the rule 121 of the - Rajasthan Land Revenue Act are that "the order should show the parties interested whether all were present or any one was absent, the way in which his evidence was obtained, or it was not obtained, what opportunity was given to him to be present, who identified the parties present and the place at which and the date on which it was written. " The same sub-rule further requires that the order must state briefly the persons examined by the Revenue Officer: the fact which they deposed and the grounds of the order. The learned Tehsildar's order as correctly pointed out by the learned Additional Collector does not show on what date and which place it was sanctioned. Nor does the order show who were present at the time of its decision and what enquiry was made. The order also does not appear to have been passed in Jalse-e-am proceedings and we are constrained to remark that the order has been written in flagrant dis-regard of the minimum requirements of the procedure. The nutation order does not disclose the nature of the transfer i. e. whether the transfer was by way of gift, sale or mortgage or of any other nature. It is therefore difficult to say who was and who was not a party to the proceedings. An essential enquiry in mutation relating to transfer of possession is with regard to the factum of the transfer i. e. whether it has actually taken place or not. We, therefore, hold that" the learned Additional Commissioner went entirely wrong in holding that the petitioners were not a party to these mutation proceedings and that they have no locus standi to file the present revision. The whole procedings have become totally vitiated for the reasons given above. We therefore accept this revision and direct that entire proceedings shall stand quashed. The case will go back to the Collector who will send it for fresh decision to the Panchayat concerned or in case there is no Panchayat having jurisdiction over this village, it will be sent to the Tehsildar concerned who shall decide it in accordance with the prescribed procedure and law, bearing in mind our above observations. .;