[kku] lnL; & ;g fuxjkuh varxZr /kkjk 84 lifBr /kkjk 9 jktLFkku Hkw jktLo vf/kfu;e] 1956 ds rgr jktLo vihy vf/kdkjh Hkjriqj }kjk vihy la- 34@1994 esa ikfjr fd;s x;s fu.kZ; fnukad 27-9-2000 ds fo:) izLrqr dh xbZ gSA 2- la{ksi esa rF; bl izdkj gS fd vizkFkhZx.k us dysDVj ,oa Hkw izca/k vk;qDr iquokZl Hkjriqj ds fu.kZ; fnukad 11-5-1994 ds fo:) vihy jktLo vihy vf/kdkjh Hkjriqj ds U;k;ky; esa izLrqr dh tks vHkh fopkjk/khu gSA nkSjkus vihy izkFkhZ us ,d izk- i= ckcr~ izkFkfed vkifRr izLrqr djus dk fuosnu fd;k fd vihy l{ke ugha gksus ls fujLr dh tkosaA jktLo vihy vf/kdkjh Hkjriqj us vius fu.kZ; fnukad 27-9-2000 ds }kjk izkFkhZ dk izk- i= ckcr~ izkFkfed vkifRr fujLr dj fn;kA bl fu.kZ; ds fo:) ;g fuxjkuh bl U;k;ky; esa izLrqr dh xbZ gSA 3- geusa odqyk; Qjhdsu dh cgl fuxjkuh ij lquhA 4- fo}ku vfHkHkk"kd izkFkhZ us viuh cgl esa crk;k fd jktLo vihy izkf/kdkjh Hkjriqj ds le{k vizkFkhZ }kjk izLrqr vihy l{ke ugha Fkh ,oa esuVsuscy ugha Fkh blds ckotwn Hkh jktLo vihy vf/kdkjh us izkFkhZ }kjk izLrqr izk- i= ckcr~ izkFkfed vkifRr fujLr djus esa dkuwuh Hkwy dh gSA jktLo vihy vf/kdkjh ds lkeus tks vihy izLrqr dh xbZ Fkh og bl dkj.k l{ke ugha Fkh fd izkFkhZ us dyDVj Hkjriqj ds ;gka /kkjk 122 Mh-ih- ,DV ds rgr vihy isk dh ftls dysDVj Hkjriqj us bls iquokZl vk;qDr ds rgr lquk ,oa vihy Hkh iquokZl Mh-ih- ,DV 1954 ds rgr vius ;gka ntZ dh gS bl vkKk vk;qDr iquokZl dh vihy U;k;ky; jktLo vihy vf/kdkjh esa lquokbZ ;ksX; ugha gSA Hkw izca/k vk;qDr iquokZl dh vkKk ds fo:) phQ lsVyesaV vk;qDr ds ;gka vihy isk gks ldrh gS ftlds vf/kdkj dsUnz ljdkj us jktLo vihy vf/kdkjh t;iqj dks gh ns j[ks gSA vihykaV@vizkFkhZ us ;g vihy xyr rjhds ls jktLo vihy vf/kdkjh ds ;gka isk dh gS tks jktLo vihy vf/kdkjh ds lquokbZ {ks= esa ugha gksus ds dkj.k fujLr fd;s tkus ;ksX; gSA mudk dFku gS fd jktLo vihy vf/kdkjh ds lquokbZ {ks= esa ugha gksus ds dkj.k fujLr fd;s tkus ;ksX; gSA mudk dFku gS fd jktLo vihy vf/kdkjh ds le{k vizkFkhZ }kjk izLrqr vihy l{ke ugha Fkh rFkk blh fcUnq ij fujLr fd;s tkus ;ksX; Fkh ,oa jktLo vihy vf/kdkjh dk mDr vihy dk lquokbZ dk {ks=kf/kdkj ugha Fkk] fQj Hkh izkFkhZ ds izkFkfed vkifRr ds izk- i= dks fujLr djus esa dkuwuh Hkwy dh gSA mUgksaus viuh cgl ds vUr esa crk;k fd jktLo vihy vf/kdkjh dks iquokZl foHkkx ls lacaf/kr izdj.k lquus dk vf/kdkj ugha gS D;kasfd ;g iquokZl foHkkx ls lacaf/kr gS tks fd dsUnz ljdkj ds v/khu gS rFkk bldh vihy phQ lsVyesaV vk;qDr ftldh kfDr;ka laHkkxh; vk;qDr t;iqj dks iznRr dh gqbZ gS dks dh tkuh pkfg, FkhA 5- vizkFkhZx.k ds fo}ku vfHkHkk"kd us viuh cgl esa crk;k fd jktLo vihy vf/kdkjh dk mDr vknsk dsl fMlkbZMsM dh rkjhQ esa ugha vkrk gS oju~ varfje vknsk dh ifjHkk"kk esa vkrk gS tks /kkjk 84 ,y-vkj- ,DV ds izko/kkuksa ls fgV gksrk gSA vius i{k ds leFkZu esa 1986 vkj-vkj-Mh- 569 o 2000 vkj-vkj-Mh- 436 dh uthjsa isk dhA 6- geusa odqyk; Qjhdsu dh cgl ij euu fd;kA i=koyh esa izLrqr fjdkMZ dk ,oa jktLo vihy vf/kdkjh ds fuxjk/khu vknsk fnukad 27-9-2000 dk Hkh voyksdu fd;kA 7- ge vizkFkhZx.k ds fo}ku vfHkHkk"kd }kjk izLrqr dh xbZ bl nyhy ls viuh lgefr O;Dr djrs gS fd jktLo vihy vf/kdkjh dk mDr vknsk dsl fMlkbZMsM dh rkjhQ esa ugha vkrk gS oju~ varfje vknsk dh ifjHkk"kk esa vkus ds dkj.k Hkw-jktLo vf/kfu;e dh /kkjk 84 ds rgr bl vknsk ds fo:) jktLo e.My esa fuxjkuh esUVsuscy ugha gSA bl lEcU/k esa 1986 vkj-vkj-Mh- 569 ij dgk x;k gS%& "Raj. Land Revenue Act, Sec. 84-A; C.P.C., Sec. 148-A(3) — State order, passed by R.A.A. without hearing caveator — Revision filed — Maintainability — Held, revision against interim order, barred by Sec. 84-A — Interim order, passed by Court without giving notice to caveator is not without jurisdiction — A.I.R. 1981 A.P. 247 and A.I.R. 1983(1) 24 L.R. 784, referred — 1985 R.R.R. 1 and A.I.R. 1980 Raj. 82, distd. and not applicable — No irreparable loss, caused to petitioner since notice, issued by R.A.A. to him and he can put across his case — Revision, rejected." blh izdkj 2000 vkj-vkj-Mh- 426 ij dgk x;k gS fd& "Rajasthan Land Revenue Act, Sec.84-A — Revision against order of R.A.A. — Preliminary objection — Maintainability of revision — Held, the order passed by R.A.A. is during pendency of appeal — It is interim order — Revision does not lie against interim order." 8- vr% loZizFke rks ge bl fuxjkuh dks mijksDr dkuwuh fcUnq ij gh [kkfjt djuk U;k;ksfpr le>rs gSA fdUrq pwafd bl izdj.k dks vU; egRoiw.kZ dkuwuh fcUnq Hkh fufgr gS] vr% mijksDr dkuwuh fcUnq ds vfrfjDr ge bl izdj.k dk esfjV~l ij Hkh fu.kZ; djuk pkgsaxsA ge izkFkhZ ds fo}ku vfHkHkk"kd dh bl nyhy ls lger ugha gS fd ;g izdj.k iquokZl foHkkx ls lacaf/kr gksus ds dkj.k bl izdj.k esa vihy jktLo vihy vf/kdkjh ds ;gka ugha gks ldrhA bl lEcU/k esa 1986 vkj-vkj-Mh- 523 ij Nhík cuke~ jktLo e.My ds izdj.k esa jktLFkku mPp U;k;ky; ds ekuuh; U;k;k/khk Jh ,e-ch- kekZ us ;g fu.kZ; ikfjr fd;k Fkk fd& "Raj. Land Revenue Act, Sec. 76 — Raj. L.R. (Permanent Allotment of Evacuee Agrl. Land Revenue Act, Sec. 76 — Raj. L.R. (Permanent Allotment of Evacuee Agrl. Land) Rules, 1963 — Preamable —Application of L (non-petitioner No. 5) for revoking order directing petitioner C to deposit amount under Rules of 63, rejected by The-cum-M.O. — Appeal, accepted by Collector — R.A.A. held that second appeal, maintainable u/S. 76 — Board in revision held that appeal before R.A.A. u/S. 76, not maintainable — Held, forum of appeals shall be as provided under provisions of the Act if land in dispute was of nature as dealt with in the Rules and has to be allotted under the Rules — Hence appeal against order of Collector lay to R.A.A. and revision lay to Board against order of R.A.A. — Error, apparent on face of record in the order of the Board in as much as without going to root of case, as to whether disputed land, covered under the Rules, it held that appeal did not lie u/S. 76 before R.A.A. Order, quashed an I case remanded to Board." [Para 3] Para 3. It will therefore, be clear that such of the lands which were evacuee property under the Evacuee Property Act, 1950 (Central Act 1950) aid which had been allotted as evacuee property to non-claimants as a measure of rehabilitation for cultivation and which lands were acquired by the Central Government by notification No. 5113/3(14)5511 dated 6.4.1955 stood transferred to the State Government on payment of Rs. 1 crore. To confer rights on the non-claimants to whom the land have been allotted, the rules were framed under the powers conferred in the State Government by Sec. 251 of the Act read with Secs. 101 and 102 of the Act and the proviso to Sec. 34 of the Rajasthan Tenancy Act, 1955. Therefore, if the lands in dispute were such which were covered under the rules, then the forum of appeal/appeals will be as provided in the Act. As already stayed earlier none of the two Courts below, either the learned Revenue! Appellate Authority or the learned Board of Revenue has addressed themselves to this aspect of the matter. Without addressing themselves to this aspect of the matter. Without addressing themselves to this aspect of the matter, the question as to whether an appeal u/S. 76 of the Act lay before the Revenue Appellate Authority could not be decided. Appellate Authority or the learned Board of Revenue has addressed themselves to this aspect of the matter. Without addressing themselves to this aspect of the matter. Without addressing themselves to this aspect of the matter, the question as to whether an appeal u/S. 76 of the Act lay before the Revenue Appellate Authority could not be decided. In my opinion, there is no doubt that if the land in dispute is of the nature as dealt with in the rules and has to be allotted under the aforesaid rules, the forum of appeals shall be as provided under the provisions of the Act. The appeal against the order of the Collector shall lie to the Revenue Appellate Authority and against the order of the learned Revenue Appellate Authority passed in Second Appeal a revision will lie to the Board of Revenue under the provisions of the land Revenue Act, 1956. There is an error apparent on the face of record in the order of the Board of Revenue, in as much as, without going to the root of the case, as to whether the land in dispute was such which was covered under the rules, it held that an appeal did not lie u/S. 76 of the Act before the Revenue Appellate Authority. blh izdkj 1998 vkj-vkj-Mh- 279 ij Hkh jktLo e.My ds ekuuh; lnL; Jh jktsUnz lDlsuk us j.kthrflag cuke~ /;kuflag ds izdj.k esa fofHkUu U;kf;d n`"VkUrksa dks dksV djrs gq, ;g vfHker O;Dr fd;k Fkk fd& (a) Rajasthan Land Revenue (Permanent Allotment of Evacuee Agricultural Land) Rules, 1963 — Land covered by, these rules has caused to be an evacuee property after 1963 -and same is not governed by Administration of Evacuee Property Act, 1950 or Displaced Persons Compensation and Rehabilitation Act, 1954 — An appeal against order of Collector lies to Revenue Appellate Authority — 1986 R.R.D. (H.C.) 523, followed — 1973 R.R.R. 218 & 1975 R.R.D. 474, distinguished. Para 6. I have pondered over the rival contentions and given my thoughtful consideration thereon. The State Government in exercise of powers conferred by Sec. 261 of the Rajasthan Land Revenue Act, 1956 read with Sees. 101 and 102 of the said Act and the proviso to Sec. 34 of the Rajasthan Tenancy Act, and all other powers enabling it in this behalf has framed Rules, 1963 by its, notification N.F.3-1(15)RR/61 dated April, 1986. The State Government in exercise of powers conferred by Sec. 261 of the Rajasthan Land Revenue Act, 1956 read with Sees. 101 and 102 of the said Act and the proviso to Sec. 34 of the Rajasthan Tenancy Act, and all other powers enabling it in this behalf has framed Rules, 1963 by its, notification N.F.3-1(15)RR/61 dated April, 1986. It will be useful to quote the preamble which is detailed ad infra- "Notification No F.3-1 (15)RB/61, dated the 8,4.1963, whereas certain agricultural lands of Muslim evacuees situated in the districts of Alwar and Bharatpur were declared, or are deemed to have been declared, as evacuee property under the administration of Evacuee Property Act, 1950 (Central Act 13 of 1950); And whereas the said lands were allotted by the Custodian of. Evacuee Property to non-claimant displaced persons, as a measure of rehabilitation, for temporary cultivation; And whereas the said lands were subsequently acquired by the Central Government by Notification No. 2S.IH/5(l4)55 I) dated the 6.4.1955 issued in exercise of the power conferred by Sec. 12 of the Displaced persons (Compensation and Rehabilitation) Act, 1954 (Central Act 44 of 1951); And whereas khatedari rights under the Rajasthan Tenancy Act 1955 (Rajasthan Act 3 of 1955) have not accrued to the occupants of the said lands; And, Whereas, with a view to assist the said non-claimant displaced persons in their permanent rehabilitation on the said lands, the Rajasthan State Government has got the said lands transferred to it from out the compensation pool on payment of an ad hoc sum of rupees one crore to the Central Government; And whereas it is desirable-to make rules for the permanent allotment of the said lands to the said persons and the conferment of rights therein." Para 7. Thus it; is manifest that the agricultural lands of Muslim Evacuees situated in the districts of Alwar and Bharatpur were declared an Evacuee Property under the Administration of Evacuee Property Act, 1050. The said lands were allotted by the Custodian of Evacuee Property to non-claimant displaced persons, as a measure of rehabilitation for temporary cultivation such lands were subsequently acquire by the Central Government in exercise of the powers conferred by Sec. 12 of Act, 1954. Admittedly khatedari rights under the Rajasthan Tenancy Act, 1955 had not accrued to the occupants of such allotted lands. Admittedly khatedari rights under the Rajasthan Tenancy Act, 1955 had not accrued to the occupants of such allotted lands. The Rajasthan State therefore, with a view to assist such non-claimant displaced persons in their permanent rehabilitation got such lands transferred to it from out of compensation pool on payment on an ad hoc sum of Rupees One Crore to the Central Government sometime before 1963 and thereafter such land are now owned by the Rajasthan State. Such lands here, thereafter such lands are now owned by the Rajasthan State. Such lands, therefore, now ceased to be Evacuee Properties and are net under the Management and Administration of the Custodian of Evacuee Property anymore. The Rajasthan Government has, framed Rules, 1963 for the permanent allotment of such lands to such displaced persons and for the conferment of rights therein. Rule 3 projects the scope of Rules, 1963. It provides that Rules, 1963 shall govern the permanent allotment of, and the accrual of khatedari rights in agriculture lands situated in the districts of Alwar and Bharatpur that were declared, or are deemed to have been declared, as Evacuee Property under the Administration off Evacuee Act, 1950 and that were subsequently acquired by the Government of India under the Displaced Person (Compensation and Rehabilitation Act, 1954) and that all such lands have now been transferred to Rajasthan Government on payment of an agreed price, for allotment to non-claimant displaced persons and other persons. Rule 5 lays down the terms and condition of permanent allotment. It provides that the allottee shall acquire khatedari rights in the land only if he fulfills each and every one of the terms and conditions specified. Rule 5 lays down the terms and condition of permanent allotment. It provides that the allottee shall acquire khatedari rights in the land only if he fulfills each and every one of the terms and conditions specified. It further provides that the allottee shall pay the price of the land and the interest at the prescribed rate, sub-rule (7) of Rule 5 specifically mentions that all transfer made, or encumbrances created, at any time in contravention of the provisions of Rules, 1963 shall be null and void and if the allottee refused to pay the price of the land as well as the arrears of any loans outstanding against him, or when the non-claimant displaced persons has left the land in the possession of some other person and is not trespasser, it shall be competent for the Tehsildar to cancel the allotment and take over the possession of the land and where necessary eject the person in possession in accordance with the provisions of Sec. 91 of Rajasthan Land Revenue Act. Thus Rules, 1963 contain a detailed procedure for making permanent allotment to such allottees and conferring on them khatedari rights. Hence as per provisions of Rules 1963 the disputed allotted lands has now ceased to be an evacuee property after 1963 and the same is not governed by the Administration of Evacuee Property Act, 1950 or Displaced persons, Compensation and Rehabilitation Act, 1954. Para 10. On the other hand in Chhida vs. Board of Revenue 1986 R.R.D. (H.C.) 523 the High Court while interpreting the preamble to Rules, 1963 has held that lands allotted to non-claimant displaced to Rules, 1963 has held that lands allotted to non-claimant displaced persons as evacuee property under the. Evacuee Property Act, 1950 have now vested in the State Government and that provisions of Act, 1954 do not apply to such lands. It has been further held that an appeal against the order passed under Rules, 1963 lies before the Revenue Appellate Authority. Para 11. Hence, I am of the considered opinion that the impugned order of Collector was passed under Rules, 1963, that the provisions of Act, 1954 do not apply in such a case and that the Revenue Appellate Authority had the jurisdiction to entertain and decide the appeal u/S. 75. Rajasthan Land Revenue Act and as such his impugned judgment is not without jurisdiction. Rajasthan Land Revenue Act and as such his impugned judgment is not without jurisdiction. I, therefore, repeal Shri P.K. Jains argument on this count. blh dkuwuh fcUnq ij jktLo vihy vf/kdkjh 1988 ,-vkbZ-vkj- lq-dks- 873 dh uthj dks Hkh vk/kkj cuk;k gSA bl uthj esa ekuuh; loksZPp U;k;ky; ds ekuuh; U;k;k/khk Jh ,-ih- lsu ,oa Jh ch-lh- js dh ihB us Civil Appeal No. 1088 (N) of 1969, D/- 22.7.1987 Pala Singh (Desceased) by Lrs., Appellant vs. Union of India and other, respondents ds izdj.k esa ;g fl)kUr izfrikfnr fd;k Fkk fd& H.Note — "Displaced Persons (Compensation and rehabilitaion) Act (44 of 1954), Sec. 24 — Allotment of land in excess of entitlement to displaced person — Land covered by package deal — Vests in State Government — Purchase of land by displaced person — Managing Officer, Rehavilitation not competant to grant permission. (Punjab Package Deal Properties (Disposal) Rules (1976), Rr. 4, 8). 9- mijksDr U;k;kf;d n`"VkUrksa ,oa dkuwuh izko/kkuksa ds [k.Mu esa izkFkhZ ds fo}ku vfHkHkk"kd us dksbZ U;kf;d n`"VkUr izLrqr ugha fd;s gSA vr% mijksDr U;kf;d n`"VkUrksa ds voyksdu ls ;g Li"V gksrk gS fd bl izdj.k dk ;fn esfjV ij ijh{k.k fd;k tkosa rks esfjV ij Hkh {ks=kf/kdkj ds laca/k esa jktLo vihy vf/kdkjh }kjk ikfjr fd;k x;k fu.kZ; dkuwuh izko/kkuksa ds vuqlkj fcYdqy lgh gS vkSj esfjV ij Hkh mlesa ge fdlh izdkj ds gLr{ksi dh ge vko;drk ugha le>rsA 10- vr% mijksDr of.kZr leLr rF;ksa] dkuwuh izko/kkuksa ,oa U;k;kf;d n`"VkUrksa dks n`f"Vxr j[krs gq, ;g fuxjkuh [kkfjt dh tkrh gS] ,oa jktLo vihy vf/kdkjh dk vknsk fnukad 27-9-2000 ;Fkkor j[kk tkrk gSA fu.kZ; esjs }kjk fy[kk;k tkdj [kqys U;k;ky; esa lquk;k x;kA