A.P. Sen, J. - (1.) This is a petition by Smt. Awan Kanwar under Article 226 of the Constitution directed against an order of the Board of Revenue dated 21.8.1967 affirming the decision of the Deputy Collector (Jagir), Barmer dated 25.6.1966, by which her claim for compensation as a sub -grantee of jagir Ratanpura has been disallowed.
(2.) The petitioner's husband Thakur Jaswant Singh by a registered instrument dated 23.12.1949 assigned village Ratanpura forming part of his jagir to his wife Smt. Awan Kanwar by way of her 'Gujara'. On the basis of such grant, the petitioner claimed the status of a jagirdar and filed her statement of claim for payment of compensation under Sec. 31 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (hereinafter referred to as 'the Act'). During the course of the proceedings, the Jagir Commissioner by his order dated 30.7.1958 held the petitioner to be a sub grantee and accordingly recognised her as Jagirdar in respect of village Ratanpur. Her claim for compensation was finalised by the order of the Deputy Collector (Jagir) dated 31.12.1966 directing payment of Rs. 27,276,06. Out of this, the petitioner received Rs. 9,415/ - as interim maintenance. The State Government filed an appeal regarding the quantum before the Board of Revenue. In appeal, the Government only challenged the correctness of the order of the Deputy Collector (Jagir) in so far as he included the income from grazing and from non agricultural uses, which according to it, should have been excluded. The Board of Revenue upheld the contention of the Government that it was not given an opportunity to cross -examine the petitioner's witnesses whose evidence was recorded in its absence and, therefore, on this ground set aside the order of the Deputy Collector (Jagir) and sent back the case with the direction that a fresh award be made after giving the opportunity to the State Government of being heard.
(3.) On remand, the Deputy Collector (Jagir) by his order dated 25.6.1966 held that in view of the provisions of Ss. 191 to 198 of the Marwar Land Revenue Act, 1949 read with Sec. 26 A of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952, the sub grant made in favour of the petitioner was void and, therefore, she was not entitled to any compensation whatever. He further directed that a sum of Rs. 9,415/ -, which had been drawn by the petitioner by way of interim maintenance along with interest at the rate of 6% per annum be recovered. The order of Deputy Collector (Jagir) has been affirmed in appeal by the Board of Revenue.;