- (1.) THIS is a reference from Collector Dungarpur No. 4752, dated 13. 10. 1964 under sec. 82 of the Rajasthan Land Revenue Act, 1956 recommending that the order passed by the Naib Tehsildar, Aspur dated 5. 10. 1962 mutating Khasra No. 2500 consisting of 10 bighas 17 biswas culturable land and No. 3265 consisting of 67 bighas and 17 biswas of the pasture land in village Kala Doongriwali in the name of the Patels be cancelled.
(2.) THE facts were that one Bhairavsingh made a complaint that he has been applying for allotment of this land for the last 3 years, but the Revenue Officers instead of making the allotment of land to him had made the allotment to the Patels. THE application filed by Bhairav Singh for allotment of land was examined by the Tehsildar and the Naib Tehsildar was deputed for enquiry on spot. THE patels of the village resisted this allotment in favour of Bhairav Singh. Instead of making an enquiry at the time as directed by the allotment Advisory Committee, the Naib Tehsildar Gaurishanker passed an order mutating the above two parcels of land in favour of the patels and made no report This mutation was made on 5. 10. 62. This matter was detected subsequently and the Collector after instituting an enquiry cancelled the order of the Naib Tehsildar dated 10. 10. 1963 of mutating the land in favour of patels and called for the explanation of Gauri Shanker Naib Tehsildar and the Patwari Mohammad Hanif. Against this order of the Collector Lavaji and Manji went in appeal before the Revenue Appellate Authority who by his order dated 4. 8. 1964 accepted the appeal and cancelled the order of the Collector, Dungarpur dated 10. 10. 1963 and suggested that the reference be made to the Board of Revenue for revising the order. THE Collector therefore has made this reference for getting the order of mutation passed by the Tehsildar cancelled. The Government Advocate did not appear, but Shri Chaturbhuj Sharma on behalf of the non-petitioners appeared. The counsel for the non-petitioners conceded that the order of mutation passed by the Naib Tehsildar was no doubt illegal and could be set aside. His clients were taking steps to get this allotment of land regularised in their favour and they need not be evicted from the land. I have examined the file. From this it is clear that the Naib Tehsildar Gauri Shanker exceeded his jurisdiction in mutating the two parcels of land in favour of the patels. This mutation of the two parcels of land demanded by one Bhairav Singh operates as an allotment of land by the Naib Tehsildar. The power to allot land vests under sec. 101 of the Rajasthan Land Revenue Act, 1956 vests in Tehsildar subject to such rules as may be made by the State Govt. from time to time. Sec. 101 of the Rajasthan Land Revenue Act, 1956 reads as follows: - "101. Allotment of land for agricultural purposes.- (1) Save as otherwise provided elsewhere by this Act, land for agricultural purposes shall be allotted by a Tehsildar after entering the application in the register kept for the purpose and allotment by him shall be subject to such rules as may be made by the State Government from time to time in this behalf. (2) All allotments of land under this section shall be subject to the payment of rent fixed at such rates as may be fixed according to custom or by usage or any law on the subject. (3) No such land shall be allotted without the previous sanction of the State Government to any person in the service of the State Government ; provided that in the case of non-gazetted Officers the sanction of the Collector will be sufficient. (4) If there be more than one person requiring the same land, the allotment shall be made in the following order.- - (i) to co-sharers of the holding if it forms part of a compact block or is irrigated from the same source, preference amongst such co-sharers being given to one having land less than the area prescribed by the rules made under the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) ; (ii) to persons residing in the village in which land be situated, preference amongst such persons being given to persons having no land or less than the area prescribed by the said rules ; (iii) by drawing lots. " The bare perusal of the above sec. 101 will reveal that land could only be allotted in accordance with rules by the Land Allotment Advisory Committee. The Naib Tehsildar therefore in making allotment of this land to the Patels and mutating the land in their favour committed a gross illegality and exceeded his jurisdiction. He had no power to make such allotment of land much less mutate the same in favour of the patels. The order is therefore clearly illegal and deserves to be set aside. Under sec. 82 the Board of Revenue is invested with extraordinary powers to set aside illegal orders by subordinate Revenue Courts and the Officers. Therefore, this reference of the Collector Doongarpur is accepted, the order of the Naib Tehsildar is quashed and if the non-petitioners are in possession of the land under this illegal order, they are clearly trespassers and action should be taken by the Tehsildar under sec. 91 of the Rajasthan Land Revenue Act summarily to eject them as trespassers. .;