THAKUR KESARI SINGH versus THE STATE OF RAJASTHAN AND OTHERS.

THAKUR KESARI SINGH versus THE STATE OF RAJASTHAN AND OTHERS.

Section 85 of the Marwar Tenancy Act, 1949, was not repealed by the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951. Applications under s. 85 are to be heard and determined ex parte as a summary procedure, and rules requiring notice and hearing to tenants do not apply. Once a notification is issued and an application is duly made, rescission of the notification does not divest the authority of the power to dispose of the application. The Collector was therefore competent to proceed, and the High Court erred in setting aside the recovery orders.

Parties
Appellant: Thakur Kesari Singh; Respondents: The State of Rajasthan and Others
Jurisdiction
India
Judgment Date
19 October 1960
Procedural Posture
Civil Appeal / Appeal From the Judgment and Order Dated April 27, 1954, of the Rajasthan High Court in Civil Misc. Writ No. 1/1954
Outcome
Appeal allowed.
Legal Topics
Recovery of Rent as Arrears of Land Revenue, Effect of Rescission of Government Notification, Interaction of Repealed Statutes and Procedural Rules, Jurisdiction and Procedure of Revenue Courts
Land Law Tenancy Law Revenue Law Administrative Law Recovery of Rent as Arrears of Land Revenue Effect of Rescission of Government Notification Interaction of Repealed Statutes and Procedural Rules Jurisdiction and Procedure of Revenue Courts

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Parties

Thakur Kesari Singh

Appellant

The State of Rajasthan and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From the Judgment and Order Dated April 27, 1954, of the Rajasthan High Court in Civil Misc. Writ No. 1/1954

Legal Issues

  1. 1 Whether section 85 of the Marwar Tenancy Act, 1949, was repealed by the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951.
  2. 2 Whether the procedure for applications under section 85 required notice to tenants and a hearing.
  3. 3 Effect of rescission of the notification under section 85 on pending applications for recovery of rent as arrears of land revenue.

Ratio Decidendi

Section 85 of the Marwar Tenancy Act, 1949, was not repealed by the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951. Applications under s. 85 are to be heard and determined ex parte as a summary procedure, and rules requiring notice and hearing to tenants do not apply. Once a notification is issued and an application is duly made, rescission of the notification does not divest the authority of the power to dispose of the application. The Collector was therefore competent to proceed, and the High Court erred in setting aside the recovery orders.

Court Disposition

Appeal allowed.

Orders

  • Orders of the Collector, Additional Commissioner, and Revenue Board restored; High Court's decision set aside; sum found due may be recovered as arrears of land revenue; appellants entitled to costs.