C.M.LODHA, C.J. - (1.) THE petitioner, who is erstwhile Ruler of the former State of Sirohi, has filed this writ petition under Article 226 of the Constitution praying that the order by the Board of Revenue for Rajasthan dated March 29, 1978 (Annexure 1) be set aside and it may be declared that the Jagir of Manadar is not returnable under the provisions of the Rajasthan Land Reforms and Resumption of Jagirs Act (Act No 6 of 1952)(which will hereinafter be referred to as 'the Act').
(2.) THE main contention raised on behalf of the petitioner is that the Jagir in question is his 'private Jagir' which does not fall within the definition of 'jagir land' as defined in Section 210 read with First Schedule of the Act. It appears that a notification dated May 25, 1962, under Section 21 of the Act, was issued by the Government of Rajasthan in respect of the Jagir in question in the Raj. Gazette whereby the Jagir of Manadar was resumed with effect from July 1, 1962. The Jagir Commissioner provisionally determined the amount of compensation payable to the petitioner under Section 32(1) of the Act on January 7, 1963. Thereupon the petitioner filed objections before the Jagir Commissioner that the Jagir in question was his 'private Jagir' and as such it could not be resumed under the Act. It was further stated that the petitioner was having correspondence with the Central Government in this respect and so the result of the correspondence may be awaited. Some time later, the Government of Rajasthan intimated to the Jagir Commissioner that the Government of India had no objection to the Jagir in question being resumed and its compensation payable to the Jagirdar being determined. Thereafter, a fresh provisional award under 'Section 32(1) of the Act was made on December 20, 1966. The Jagir Commissioner was further informed by the Government of Rajasthan that the Jagir in question is included in the list of private property of the petitioner. The counsel for the State also conceded before the Jagir Commissioner that the Jagir Commissioner had no jurisdiction to determine compensation in respect of the so -called 'private Jagir' of the petitioner in dispute, and on this concession, the Jagir Commissioner ordered on August 23, 1968 (Annexure 2) that the case be struck off the file. The State filed a review application before the Jagir Commissioner and the learned Jagir Commissioner, by his order date October 17, 1969 (Annexure 5), allowed the review application, set aside the earlier order of the Jagir Commissioner dated August 23, 1958 and gave the final award under Section 32(2) of the Act. Dissatisfied with the order of the Jagir Commissioner dated October 17, 1969 (Annexure 5), the petitioner filed appeal before the Board of Revenue for Rajasthan and the Board of Revenue, by its order dated March 29, 1978, (Annexure 1) dismissed the petitioner's appeal In these circumstances the petitioner has filed this writ petition for the reliefs mentioned above.
(3.) THE writ petition has been opposed by the State of Rajasthan, which has also filed a written reply to the writ petition.;