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1952 DIGILAW 103 (RAJ)

Chhotilal v. Chhotu

1952-04-24

HETUDAN UJJWAL

body1952
H.D. Ujjwal —This is a revision application by Chhoteylal against an order of the Additional Commissioner, Jaipur, rejecting his second appeal. 2. Chhoteylal applied to the Tehsildar, Jaipur, for permission to convert his kham house in Jhotwara into a pukka one on payment of usual Nazrana. The Tehsildar, Jaipur at first allowed the application and accepted the Nazrana. However, on an objection being filed the Nazim ordered the Tehsildar to inspect the site and consider the objection filed by Chhotu, Kalu and others and then submit a report. The Tehsildar inspected the site and proposed that the land should not be given on Nazrana because the site was surrounded by chahi fields of the objectors and besides the site was situated within 10 miles radius of Jaipur City and grant of land on Nazrana within this area was prohibited. The Nazim, therefore, ordered that the permission to convert kham house into a pukka one be refused and the Nazrana paid by Chhoteylal may be returned. An appeal was filed before the Additional Commissioner who upheld the , Nazims order. Chhoteylal has now come up in revision to this court. 3. It is urged by his counsel that under rule 32 of the Jaipur Revenue Standing Order No. 7 permission to convert a kacha house into a pukka one could not be refused specially when permission had once been granted and Nazrana had been paid. 4. I am unable to accept the above view of the Jaipur Revenue Standing Order. If it were so all persons who built kucha houses tempo-rarily would convert them into pukka houses irrespective of any question of convenience of the public or the suitability of the site. The cultivators are allowed to erect kham houses to temporarily reside in or near their fields where they have to work. Such kucha houses constructed in fields could not be allowed to be made pukka. If any Tehsildar had granted permission it is open to the higher Revenue Officers to cancel such permission. If it were not so a Tehsildar may grant permission against Government orders and such permission would become irrevocable. 5. How ever, this site was within 10 miles radius of Jaipur and grant of land on Nazrana without the previous sanction of the Government was expressly forbidden by the same Jaipur Revenue Standing Order. If it were not so a Tehsildar may grant permission against Government orders and such permission would become irrevocable. 5. How ever, this site was within 10 miles radius of Jaipur and grant of land on Nazrana without the previous sanction of the Government was expressly forbidden by the same Jaipur Revenue Standing Order. The Tehsildar had no authority to go against the order of the Government and if he did so his order could be cancelled by the Nazim or the Collector. 6. I, therefore, see no reason to interfere with the order of the Nazim which had been upheld by the Additional Commissioner and, therefore, reject this revision application.