NDLI: State of Rajasthan Vs. Rao Raja Sardar Singh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Rajasthan Land Reformis and Resumption of Jagirs Act 1952- Section 46 and 47
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Rajasthan Land Revenue Act, 1956 (15 of 1956) Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (6 of 1952)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Rajasthan Land Reforms and Resumption of Jagirs Act 1952 (No. VI of 1952) - Ss. 46 and 47 - The Act ousts the jurisdiction of Civil and Revenue Courts - State claimed certain recoveries from the Jagirdar out of compensation payable to him - No proper account of dues produced - Jagir Commissioner rejected State's claim - State sought to recover dues under Ss. 229/257A of the Rajasthan Land Revenue Act 1956 - Recoveries if could be made. The Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 which provides for the resumption of jagir lands and other measures of land reforms, contains a comprehensive scheme for the determination of the amount of dues and debts recoverable by the State from the Jagirdar in respect of the jagir lands and their deduction from the amount of compensation payable to him. Sections 22to 31 read together provide for the continuance of the Jagirdar's liability to the payment of arrears of revenue, cesses and other dues which were due from him in respect of the jagir lands for any period prior to the date of resumption of the jagir, out of the compensation payable to him. A duty has been cast on the jagirdar to mention, in the statement of his claim for compensation the amount of of dues and debts recoverable from him under s. 22(1)(e). Section 32(1) makes it obligatory on the Jagir Commissioner to provisionally determine the amount of compensation recoverable from the Jagirdar under s. 22(1)(e) and serve a copy of the provisional order on the Government, the Jagirdar and every other interested person. It is only after giving all of them a reasonable opportunity that the Jagir Commissioner can make a final order. The order so made under s. 32(2) would be final in respect of the amounts mentioned in it. Section 34 provides for the deduction of the amounts determined by the Commissioner, from the compensation payable to the Jagirdar under S. 26. Section 35 deals with payment of compensation. Section 39 provides for appeals against any decision of the Jagir Commissioner, to the Board of Revenue according to which the decision of the Board in the appeal shall be final. Section 46 provides that no order made by any officer or authority under the Act shall be called in question in any civil or revenue court.Under the provisions of the Act, the lands belonging to the respondent, who was a Jagirdar in the State of Rajasthan, vested in the State. When the Jagir Commissioner took up the question of deciding the compensation payabie to the respondent, the State filed a claim that a certain amount was recoverable from the compensation payable to the Jagirdar on account of revenue dues etc. But since the State was not able to give a proper account of the dues, the Jagir Commissioner made an order that the amount claimed by the State could not be deducted. The Board of Revenue dismissed the State Goveniment's appeal and, therefore, the order of the Jagir Commissioner became final. In the meanwhile, when the Tehsildar sought to recover the dues from the respondent, he raised an objection that since the Jagir Commissioner's order became final the Government was not competent to claim that amount. The Tehsildar rejected the objection. In the respondent's appeal, the Board of Revenue quashed the order of the Tehsildar on the ground that the State Government did not furnish the required particulars in spite of several opportunities given to it when the matter was before him and that the Jagir Commissioner was right in rejecting the claim of the State. lt also held that since his order became final, proceedings to have the recovery of the dues under the Land Revenue Act, were without jurisdiction. The High Court dismissed the writ petition filed by the State Government. It held that the determination of the dues and debts recoverable by the State from the Jagirdar was a matter which was required to be settled by the lagir Commissioner and that by virtue of s. 46 of the Act, a Civil or Revenue Court had no jurisdiction in respect of it. On the question. whether the Jagir Commissioner's order was final and whether any Civil or Revenue Court had jurisdiction to reopen it, as it related to a matter which was required to be settled or decided or dealt with by the Jagir Commissioner.
Judge	Hon'ble Mr. Justice P.N. Shinghal
Neutral Citation	1978 INSC 129
Petitioner	State Of Rajasthan
Respondent	Rao Raja Sardar Singh
SCR	[1979] 1 S.C.R. 95
Judgement Date	1978-08-11
Case Number	260

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