- (1.) THIS revision petition is directed against the order of the Dy. Colonisation Commissioner, Bhakra Project dated 6. 10. 61 and 13. 6. 61. By his order dated 6. 10. 61 the Dy. Colonisation Commissioner rejected the application submitted by Shri Wali Mohd. applicant for the review of his order dated 13. 6. 61, whereby he had ordered that the applicant should relinquish Killas No. 1 to 7 in Muraba No. 113/ 276 in favour of Shri Vatan Singh opposite party, amending his earlier order dated 6. 5. 60.
(2.) A preliminary objection was raised by the counsel for the opposite party who urged that the revision was not maintainable in view of the scheme of the Colonisation Act 1954 under which this exchange of land had been ordered by the Dy. Colonisation Commissioner. It was contended that the impugned order was not in respect of a judical matter as defined under Sec. 23 (2) of the Rajasthan Land Revenue Act. According to this definition the term judicial matter means a proceeding in which a Revenue Court or an Officer has to determine the rights and liabilities of the parties thereto and the proceedings and orders as well as the appeals, revisions and references in the cases specified in the first schedule are deemed to be judicial matters for the purposes of this Ace. My attention was drawn to R. R. D. 1962 page 49, Shah Mohammed Versus State of Rajasthan in which it was held that the first schedule to the Land Revenue Act does not include an order passed by the Director of Colonisation or Collector with regard to the Government land in exchange for the land held by the Khatedar on certain conditions. It was however added that the list in first schedule cannot be deemed to be exhaustive and the main criterian to determine whether a particular matter would be a judicial matter would rest on the fact whether it involves adjudication of the rights of the parties. It was urged on behalf of the applicant that he had paid five instalments in respect of the land allotted to him and had therefore acquired the rights of a tenant and this vacation order by the Dy. Colonisation Commissioner therefore would fall within the definition of a judicial matter. In this connection the learned counsel for the applicant cited 1961 RRD page 264 Vijai Lal Versus Bachu. This case also relates to the allotment of land. It was held there in that although the question involved related to the allotment of land yet the revision was competent before the Board of Revenue as it involved the land over which the applicant claimed a cult-ivatory possession for some years which had been completely ignored by all the revenue officers blow. | The counsel for the opposite party rightly distinguished this authority on the ground that firstly it related to non colony lands and secondly in the case referred to by the learned counsel for the applicant the Revenue authorities had ignored the statutory rules of allotment and had failed to prepare the lists of lands available for allotment in accordance with the rules laid down in this connection. The present case he argued was covered by the Rajasthan Colonisation (General Colony) Conditions 1955 which had been promulgated by the Government in exercise of the powers conferred by sec. 28 read with sub-sec. (1) of sec. 7 of the Rajasthan Colonisation Act, 1954 and by sub-sec. (2) of sec. 7 of the said Act. According to Rule 17 of the aforesaid conditions it was within the powers of the Collector (Dy. Colonisation Commissioner) to order the exchange of lands for the purposes of rectangulisation of fields, consolidation of holdings and propagation of improved schemes etc. Under the same rules, grantees were initially Gair Khatedar tenants and the Khatedari rights would accrue to the grantees after the expiration of the specified period and after the grantees had paid to the Government the balance purchase money and all sums due to the Government. In the present case it was admitted by the applicant that he had paid only 5 instalments. He had not therefore acquired Khatedari rights and the matter was therefore governed by sec. 5 of the Rajasthan Colonisation Act read with Sec. 83 of the Land Revenue Act. In this connection he relied on the Full Bench ruling of the Board of Revenue dated 30. 4. 64 in Ladu Ram Versus Sheokaran. This case also arose from an order passed by the Dy. Commissioner Colonisation, whereby opposite party was allowed exchange of land in the Bhakra Colony area in lieu of some other land. The applicant had contested the validity of this exchange and had filed a revision petition against the order of the Dy. Commissioner Colonisation before the State Government. The State Government did not decide the case but sent it to the Board of Revenue alongwith 62 other cases of a like nature, in exercise of the power conferred by sub-sec. (2) of sec. 8 read with clause (a) of sec. 260 of the Rajasthan Land Revenue Act, vide Notification No. F. 7 (164)IRG/62 dated 19th April, 1963 and the 2nd July, 1963. A question was raised before the Division Bench whether the aforesaid Notifications validly conferred jurisdiction on this Board to exercise the powers of the State Government under sec. 8 of the Land Revenue Act. The matter was considered by the Full Bench which held that according to the general principles of interpretation of laws, matters specially provided for in a special Act like the Colonisation Act, are excepted from the operation of the general laws regulating revenue and tenancy matters. Exchange of agricultural tenancies in a colony area is one of such matters. Accordingly it was laid down that if the present application for revision was to be subjected to revision the powers of revision shall be exercisable under Sec. 83 and not under Sec. 84 of the Land Revenue Act and the Board of Revenue was not competent to exercise its jurisdiction unless the powers un Sec. 83 of the Land Revenue Act were validly delegated to the Board of Revenue. This ruling settles the law on the point and leads to the conclusion that the present revision application filed by Wali Mohd. tenant is not maintainable. I order accordingly. .;