Govind Ram and Others vs State of Raj. and Others

Vineet Kothari, J.—Heard learned Counsel for the petitioner.

By the impugned orders dated 29.12.1993, the Collector, Bikaner and the order dated 22.06.1995 the Additional Divisional Commissioner, Bikaner and the Board of Revenue by order dated 12.10.1995 have concurrently held against the present petitioner and against the attestation of mutation entries in question by Gram Panchayat that the Collector could entertain the appeal and decide the same on merit notwithstanding the fact that Notification No. 5 (21)/Gr.-4/80/108 GSR 149 dated 19.11.1983 vested such jurisdiction to hear the appeal in a lower authority namely Sub- Divisional Officer.

Learned Counsel for the petitioner submitted that even though the appeal was filed prior to coming into force of the Notification dated 19.11.1983 under the provisions of Section 75 of the Rajasthan Land Revenue Act, since the jurisdiction came to be vested in learned SDO on 19.11.1983, the appeal was incompetent before the learned Collector and therefore all the authorities below have erred in holding otherwise and there was also a question of limitation since the appeal in question was filed after a gap of more than twenty years, since the mutation entries were attested by Gram Panchayat Udasar in respect of mutation Nos. 50,51 and 52 on 20.01.1962 whereas the appeal was instituted in 1983 even though prior to the said Notification dated 19.11.1983.

After hearing the learned Counsel at some length and perusing the reasons given in the order passed by authorities below, this Court is satisfied that at the time when the appeal was filed apparently, the previous Notification of 1957 namely Notification No. F.8(185)/Rev/B/57 dated 11.09.1957 was in force and according to said Notification of 1957 the appeal was competent and properly and maintainable before the learned Collector only. The change of jurisdiction by the later Notification dated 19.11.1983 could not divest the learned Collector of his jurisdiction to decide the said appeal. Even otherwise the Collector being a. higher authority then the SDO, was competent to decide the said appeal. Since all the three authorities have concurrently held that the order passed by the Gram Panchayat for mutation dated 20.01.1962 was without jurisdiction and void, the question of limitation also could not stand in the way of the appellant before the learned District Collector.

This Court therefore finds no sufficient ground to hold otherwise and the appeal filed before the learned Collector prior to Notification dated 19.11.1983 cannot be said to be incompetent.

Consequently, this writ petition is dismissed. Copy be sent to the respondents.