Civil Appeal No 260 of 1969
From the Judgment and order dated 13 3 1968 of the Rajasthan High Court in DB Civil Misc
Writ Petition No 205 of 1965
Dr L M Singhvi and U P Singh for the Appellant
R K Garg B P Agarwal V J Francis and Madan Mohan for the Respondent
The Judgment of the Court was delivered by SHINGHAL J
The State of Rajasthan has filed this appeal by certificate against the judgment of the Rajasthan High Court dated March 13 1968 by which its writ petition for quashing the order of the Board of Revenue Rajasthan Ajmer dated January 13 1964 in case No 11962Tonk to enable the petitioner to recover Rs 59421530 according to law was dismissed
It was stated in the writ petition that the lands of the Uniara jagir Aligarh tehsil of Tonk district
vested in the Rajasthan State on their resumption under the provision of the Rajasthan Land Reforms and Resumption of Jagirs Act 1952 hereinafter referred to as the Act
The Jagir Commissioner therefrom took up the question of determining the compensation which was payable to Rao Raja Sardar Singh who was then the jagirdar of Uniara
In that connection a certificate was filed before the Jagir Commissioner in Form 10 under rule 37 C of the Rajasthan Land Reforms and Resumption of Jagirs Rules 1954 certifying that a sum of Rs 549234123 should be recovered from the jagirdar s compensation and rehabilitation grant on account of revenue dues
The jagirdar raised several objections before the Jagir Commissioner but it was urged on behalf of the State that the sum of Rs 549234123 was the unpaid amount of the liability of Rs 554226136 which was payable under a resolution of the Jaipur State Council dated July 1 1936
After adding the sum of Rs 4498053 on account of arrears of tribute the total realisable amount was stated to be Rs 59421530
As the State was not able to give a proper account of the dues the Jagir Commissioner made an order dated February 14 1961 that the amount mentioned in the aforesaid certificate in Form 10 could not be deducted
An appeal was filed against that order of the Jagir Commissioner to the Board 98 of Revenue but it was dismissed on October 15 1963
The State contended that it was challenging the decisions of the Jagir Commissioner and the Board of Revenue in separate proceedings but that was not done and it is not in dispute before us that the Jagir Commissioner s order dated February 14 1961 which was upheld by the Board s decision dated October IS 1963 became final
In the meantime the Tehsildar of Aligarh issued a demand notice on November 3 1961 which was revised on December 22 1961 for the recovery of Rs 59421530 under section 229 of the Rajasthan Land Revenue Act 1956
The jagirdar raised an objection that the Tehsildar had no jurisdiction to issue the demand notice because of the Jagir Commissioner s earlier order dated February 14 1961 which had become final and binding on the parties after the Board s judgment dated October 15 1963 but the Tehsildar rejected it by his order dated December 22 1961
As the jagirdar did not pay the amount which was claimed under the demand notice proceedings were started for attachment and sale of his property and the jagirdar made an application to the Board of Revenue for a revision of the Tehsildar  order
It was allowed by the order of the Board dated January 13 1964
The Board took the view that although the certificate for recovery had been sent to the Jagir Commissioner in Form 10 the required particulars were not furnished in spite of several opportunities and that as the State Government s claim for the recovery of the money had been completely rejected on an earlier occasion by the Jagir Commissioner s order dated February 14 1961 and the Jagir Commissioner had refused to deduct that amount from the compensation with reference to the provisions of sections 221e 321b and 34 of the Act the jurisdiction of the Revenue Court in respect of the same dues was barred by section 46 of the Act and the proceedings which had been taken under section 257A of the Rajasthan Land Revenue Act were without jurisdiction
As the Board quashed the order of the Tehsildar dated December 22 1961 the State Government filed the writ petition which has given rise to this appeal in the High Court for the recovery of the revenue dues mentioned in the certificate in Form 10 and feels aggrieved because of its dismissal by the impugned judgment dated March 13 1968
It may be mentioned that the jagirdar traversed the State Government s claim in the writ petition altogether
He contended that he never agreed to the Jaipur State Council resolution of July 1 1936 and he was never informed of the dues claimed by the State
He denied that any amount was due on account of land revenue or tribute and averred that no loan had been taken by the Uniara jagir 99 from the State Government
It was contended further that the Jagir Commissioner wanted to make an inquiry into the State Government s claim for the recovery of the amount stated in the certificate in Form 10 but the State did not produce the account or proof of the dues so that the claim remained unexplained
That according to the jagirdar was the reason why the Jagir Commissioner held in his order dated February 14 1961 that the amount could not be deducted from the compensation
As the appellate order of the Board of Revenue dated October 15 1963 upheld the Jagir Commissioner s order it was pleaded that it became final and conclusive and could not be challenged by taking up the proceedings under the Rajasthan Land Revenue Act which were in fact barred by section 46 of the Act
In its impugned judgment in the writ petition the High Court has taken the view that the determination of the State s dues was a matter which was required to be settled decided or dealt with by the Jagir Commissioner and that by virtue of section 46 of the Act a Civil or Revenue Court had no jurisdiction in respect of it
Reference has been made to section 47 of the Act which provides that its provisions shall have effect notwithstanding anything therein contained being inconsistent with any existing Jagir law or any other law for the time being in force
The High Court has taken note of the provisions of section 342 of the Act also and has held that no other authority be it the civil or the revenue court can go behind the Jagir Commissioner s decision in that respect and make a recovery from the jagirdar by setting at naught that Jagir Commissioner s order in that respect
The High Court has thus upheld the Board s decision dated January 13 1964 against the State of Rajasthan by which the proceedings which were taken for the recovery of the money under the Rajasthan Land Revenue Act were quashed
We find from the High Court s impugned judgement that the point of controversy there was whether the machinery provided under The Rajasthan Land Revenue Act could not be resorted to in face of the provisions of sections 46 and 47 of the Act
The High Court examined that question only and we shall confine ourselves to it
The controversy thus is whether it was permissible for the State to recover the aforesaid arrears of revenue dues even after the Jagir Commissioner s order dated February 14 1961 under section 322 of the Act by which he clearly determined that the money was not recoverable from the jagirdar under clause e of sub section t of section 22 of the Act and ordered that it may not be deducted from H the final amount of the jagirdar s compensation
In other words the question is whether that order was final and no Civil or Revenue Court 100 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 or whether this was not so and the proceedings under the Rajasthan Land Revenue Act were competent In order to arrive at a decision it will be necessary for us to refer to the relevant provisions of the Act so that its scheme and scope may be understood and applied to the controversy
The Act No VI of 1952 came into force with effect from February 18 952
It provides for the resumption of jagir lands and other measures o land reforms and extends to the whole of The State of Rajasthan
Section 2g of the Act defines Jagirdar and it is not in controversy that Rao Raja Sardar Singh was the jagirdar of the Uniara jagir at the relevant time
Clause h of section 2 defines Jagir land
Here again it is not in dispute that the Uniara jagir formed such land
Section 21 of the Act provides for the resumption of jagir lands on the appointed date and once again there is no 13 controversy that the jagir lands of Uniara were so resumed
Section 22 of the Act states the consequences of resumption Clause e of sub section 1 of that section provides as follows e all arrears of revenue ceases or other dues in respect of any jagir land due from the jagirdar for any period prior to the date of resumption including any sum due from him under clause d and all loans advanced by the Government or the Court of Wards to the jagirdar shall continue to be recoverable from such jagirdar
 The clause thus expressly provides for the jagirdar s liability to pay inter alia all arrears of revenue ceases or other dues in respect of his jagir land
Section 30 deals with the recovery of such arrears and we shall revert to it after making a reference to section 26 which deals with the State Government s liability to pay compensation to every jagirdar for the resumption of his jagir land
That is the subject matter of Chapter VI and section 30 thereof reads as follows 30
Dues and Debts
The amounts due from a jagirdar under clause e of sub section 1 of section 22 shall be recoverable out of the compensation payable to him under section 26
 Chapter VII deals with the payment of compensation
Section 31 of that chapter requires every jagirdar to file a statement of claim for compensation before the Jagir Commissioner
Item v of sub section 101 2 of that section provides that the statement of claim shall contain the following particulars also v the amount of dues and debts recoverable from the jagirdar under clause e of subsection 1 of section 22 These provisions read together thus provide for the continuance of the jagirdar s liability to the payment of the arrears of revenue cesses and other dues in respect of the jagir land which were due from him for any period prior to the date of resumption of the jagir out of the compensation payable to him for the loss of the jagir lands and a duty has been cast on him to make a specific mention on the amount of the dues and debts recoverable from him under section 221 e in the statement of his claim for compensation
Then comes section 32 which deals with the determination of the compensation after making such inquiry as the Jagir Commissioner may deem necessary
Here again sub section 1 of that section makes it obligatory for the Jagir Commissioner to provisionally determine b the amount recoverable from the jagirdar under clause e of sub section 1 of section 22 
Sub section 2 requires that a copy of the provisional order shall be served on the Government the jagirdar and every other interested person and the Jagir Commissioner shall after giving all of them a reasonable opportunity of being heard in the matter make a final order
That order would therefore be a final order in respect of the aforesaid item b of the amount recoverable from the jagirdar under clause e of sub section 1 of section 22 also
In other words the Act provides that the order under sub section 2 of section 32 would be final in respect of the items mentioned in it including the amount recoverable from the jagirdar under clause e of sub section 1 of section 22
Section 33 requires the Jagir Commissioner to communicate the final order under section 322 to the Government the jagirdar and every other interested person
Next is section 34 which provides the mode for the recovery of the aforesaid dues
Sub section 1 of that section is to the following effect 34
Dues and deductions how payable
1 The amounts recoverable from a jagirdar under clause e of sub section 1 of section 22 and those determined in an order made under sub section 2 of section 32 shall be deducted from the compensation payable to him under section 26 102 Sub section 2 of that section provides that the amount so finally determined namely the amount recoverable inter alia under clause c of sub section 1 of section 22 shall be payable in instalments
The sub sections make clear reference to clause e of sub section 1 of section 22 and section 32 in providing for the deduction of the amounts determined thereunder from the compensation payable to the jagirdar under section 26
Section 35 deals with the payment of compensation
It will be sufficient for us to refer to the first two sub sections which read as follows 35
Payment of compensation 1 After the amount of compensation payable to a jagirdar under section 26 is finally determined under sub section 2 of section 32 and the amounts specified in clauses b c and e of that section as finally determined are deducted therefrom the balance shall be divided into fifteen equal annual instalments or at the option of the jagirdar into thirty equal half yearly instalments
2 The amounts finally determined under each of the clauses b c and e of sub section 1 of section 32 shall be deducted and paid to each of the persons entitled thereto from every instalment referred to in sub section 1 and the remaining amount of the instalment shall be payable by the Government to the jagirdar Thus sub section 2 of section 32 section 33 sub section 2 of section 34 and sub sections 1 and 2 of section 35 taken together categorically provide that the Jagir Commissioner s order determining inter alia the amount recoverable from the jagirdar under clause e of sub section 1 of section 22 shall be final and that it shall be deducted from the compensation payable to the jagirdar under section 26
The Act thus contains a comprehensive scheme for the determination of the amount of dues and debts recoverable by the State from the jagirdar ill respect of the jagir lands and their deduction from the amount of compensation payable to him
The question of appeal has been dealt with in section 39
Sub section 1 of that section specifically provides for an appeal against any decision of the Jagir Commissioner inter alia under sub section 2 of section 32 to the Board of Revenue and sub section 4 declares that the decision of the Board in an appeal under the section shall be final
Then comes section 46 which raises the bar of jurisdiction
It provides as follows 103 46
Bar of jurisdiction 1 Save as otherwise provided in this Act no Civil or Revenue Court shall have jurisdiction in respect of any matter which is required to be settled decided or dealt with by any officer or authority under this Act
2 No order made by any such officer or authority under this Act shall be called in question in any Court
 So where it is shown that any matter which is required to be settled decided or dealt with by any officer or any authority under the Act eg the Jagir Commissioner or the Board of Revenue has been so settled decided or dealt with it shall not be permissible for any Civil or Revenue Court to settle decide or deal with it except where there is a contrary provision in that behalf in the Act itself
It is also the mandate of sub section 2 that no order of any such officer or authority shall be open to challenge in any Court
These provisions of the Act are quite adequate and comprehensive and read with the relevant Rules they provide for the determination and recovery of the amounts due from the jagirdar on account of the jagir lands
This has to be so because when the Act provides for the resumption of the jagir lands and thereby deducts the jagirdar of his resources it is fair and reasonable that it should make provision for the determination and recovery of the amount recoverable from the jagirdar under section 321 a 
The provisions of the Act to which reference has been made and the Rules made thereunder are therefore a comprehensive code concerning the liability of the jagirdar
If these provisions are applied to the facts and circumstances of the present case it would appear that the following facts have been well established
The State laid a claim for the recovery of Rs 549234123 in Form 10 exclusively on the ground that they were revenue dues of the jagirdar for a period prior to the resumption of the jagir lands
The Jagir Commissioner asked for information for the determination of the State Government s claim with particular reference to clause b of sub section 1 of section 32 as respects the amount recoverable from the jagirdar under clause e of sub section 1 of section 22 and made his final order on February 14 1961
It is not controverted before us that he did so after complying with the requirements of the law and communicated his decision to the Government and the jagirdar under section 33
As the Jagir Commissioner s order under sub section 2 of section 32 was against the State Government nothing was deductible on account of the State Government s claim 104 in Form 10 under section 34 of the Act on account of the liability claimed under clause e of sub section 1 of section 22 and clause b of sub section 1 of section 32
So when the final determination of that claim was nil  inasmuch as it was held that nothing was recoverable from the jagirdar on account of the revenue dues it inevitably followed that no deduction was permissible from the compensation payable to him
The decision was disadvantageous to the State and it preferred all appeal to the Board of Revenue but as has been stated it was dismissed on October 15 1966
It will be recalled that even though it was stated in the writ petition that the State was challenging the decisions of the Jagir Commissioner and the Board of Revenue in separate proceedings no such action was taken
The fact therefore remains that as the order had been made by the Jagir Commissioner under the provisions of the Act and as there was no provisions in the Act for challenging it otherwise than by an appeal to the Board of Revenue which was dismissed the High Court was right in raising the bar of section 46 and in holding that no Civil or Revenue Court had jurisdiction in respect of the controversy as it was a matter which had been finally decided by the Jagir Commissioner and the Board of Revenue under the provisions of the Act
The belated attempt by the State to get over the bar by instituting proceedings under section 229 or section 257A of the Rajasthan Land Revenue Act was therefore illegal and was set aside by the Board s decision dated January 13 1964
The objection against it held no merit and has rightly been rejected by the impugned judgment of the High Court dated March 13 1968
It was argued on behalf of the appellant that the resolution of the Jaipur State Council dated July 1 1936 was the final adjudication of the liability of the Uniara Jagir for the payment of the amount mentioned in it to the State and was really in the nature of a decree which the Jagir Commissioner had no jurisdiction to examine under section 32 or any other section of the Act and tile Jagir Commissioner s order dated February 14 1961 was therefore quite illegal and could well be ignored by the State for the purpose of taking action under section 257A of the Rajasthan Land Revenue Act
We find that a similar argument was urged for the consideration of the High J Court but was rejected for satisfactory reasons
The State did not even care to produce the Council resolution before the Jagir Commissioner and as has been stated the jagirdar took the plea in his reply to the writ petition that he never agreed to the passing of that resolution he was never informed of the alleged arrears for which the resolution was said to have been passed and nothing was payable by him on account of revenue dues
He therefore asked the Jagir 105 Commissioner to make an inquiry into the matter
That was undertaken by the Jagir Commissioner under the relevant provisions of the Act to which reference has been made already
It will be recalled that the State Government filed an appeal against the adverse decision of the Jagir Commissioner but it was dismissed and the appellate decision of the Board became final under sub section 4 of section 39 of the Act
We have dealt with the consequences which arose from that decision by virtue of the bar of jurisdiction under section 46 It was further argued on behalf of the appellant that the Jagir Commissioner s order under section 32 of the Act could possibly relate only to his final order in regard to the amount recoverable from the jagirdar inter alia under clause e of sub section 1 of section 22 of the Act for the purpose of enabling its deduction from the jagirdar s compensation under section 34 but could not possibly bar a civil action for it may well be that in a given case the amount of compensation may fall short of the amount recoverable from the jagirdar
It will be enough to say that such a possibility could not arise in the instant case inasmuch as the net compensation payable to the jagirdar was Rs 1600000  which was far in excess of his liability to the State
Reference in this connection may also be made to rule 37 C4 of the Rajasthan Land Reforms and Resumption of Jagir Rules 1954 which casts a duty on the Jagir Commissioner not only to effect the deduction of the amount payable by the jagirdar under section 34 but also for the deduction of the balance from the rehabilitation grant payable to him under section 38C of the Act
The said rule casts a duty  on the authority to whom the amount is payable by the jagirdar to take necessary steps for the adjustment of the recovery so effected and further recovery of the balance if any that might remain outstanding against the jagirdar
 There could therefore be no occasion for the recovery of any balance of revenue dues by civil action in the facts and circumstances of this case
The appellant s learned counsel made a reference to several cases including Ullel Venkatrava Kini vs Louis Souza 1 G Venkatachala Odavar vs Ramachandra Odavar and another 2 Kulandaiswami Madurai and Others vs Murunayya Madurai and Others 3 Rameshwar Prasad and Others vs Satya Narain and Others 4 Gurbasappa Mahadevappa vs Neelkanthappa Shivappa 5
A R Sarin vs B C 1 A I R 2 A I R 1961 Madras 423
3 A I R 1969 Madras 14
4 A I R 1954 All 115
5 A I R 1951 Bombay 136
8 520SCI78 106 Patil and another1 and Shivshanker Prasad Shah and others vs Baikunth Nath Singh and others2 for the purpose of showing that every adjudication of a dispute cannot oust the jurisdiction of a civil court
But they were different cases where the jurisdiction of Civil Courts could not be said to have been ousted
As we find no force in this appeal it is dismissed with costs
NVK Appeal dismissed


Summary:
The Rajasthan Land Reforms and Resumption of Jagirs Act 1952 which provide 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 22 to 31 read together provide for the continuance of the Jagirdar s liability to the payment of arrears of revenue ceases and other dues which were due from him in respect of the jagir lands for any period prior to the date of resumption or 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 dues and debts recoverable from him under section 221e
Section 321 makes it obligatory on The Jagir Commissioner to provisionally determine the amount of compensation unrecoverable from the Jagirdar under section 221e and serve a copy of the provisional order on the Government the Jagirdar and every other interested person
It is only after giving all or them a reasonable opportunity that the Jagir Commissioner can make a final order
The order so made under section 322 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 section 26
Section 35 deals with payment of compensation
Section 39 provides for appeals against and 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 mad 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 payable 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 Government s appeal any 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 96 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 light in rejecting the claim of the State
It also held that since his order became final proceedings to have the recovery of the dues under the Land Revenue Act Where 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 Jagir Commissioner and that by virtue of section 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 commissioner
Dismissing the appeal  HELD The High Court was right in raising the bar of section 46 and holding that no Civil or Revenue Court had jurisdiction in respect of the controversy as it was a matter which had in fact been finally decided by the Jagir Commissioner and the Board of Revenue under the provisions of the Act
The belated attempt by the State to get over
the bar by instituting proceedings under section 229 or section 257 A of the Rajasthan land Revenue Act was illegal and was rightly set aside by the Board
The objection against it had no merit and had rightly been rejected by the High Court
104D E The provisions of the Act are quite adequate and comprehensive and read with the relevant rules provide for the determination and recovery of the amounts due from the Jagirdar on account of the Jagir lands
This had to be so because when the Act provides for the resumption of the jagir lands it is fair and reasonable that it should make provision for the determination and recovery of the amount recoverable from the Jagirdar
The provisions of that Act are a comprehensive code concerning the liability of the Jagirdar
103D E There is no force in the contention that the resolution of the Jaipur State Council was a final adjudication of the liability of the Jagirdar and that being in the nature of a decree the Jagir Commissioner s order was illegal
The Jagirdar denied any knowledge of the resolution
When the Jagir Commissioner undertook the enquiry the State did not produce the resolution and therefore he dismissed the claim of the State
104F H 105A B There is also no force in the contention that section 34 is not a bar to civil action because in a given case the amount of compensation might fall short of the amount recoverable from the Jagirdar
Such possibility could not arise in this case
The compensation payable to the Jagirdar was far in excess of his liability to the State
The Act casts a duty on the Jagir Commissioner to take necessary steps for the adjustment of the recovery and further recovery of the balance if any that might remain outstanding against the Jagirdar there could therefore be no occasion for the recovery of any balance of revenue does by civil action in this case
105C F 97 Ullal Venkatrava Kini vs Louis Souza AIR  G Venkatachala Odavar vs Ramachandra Odavar  Anr AIR 1961 Mad 423 Kulandaiswami Madurai  Ors
vs Murugayya Madurai  Ors  Rameshwar Prasad  Ors
vs Satya Narain  Ors
AIR 1954 All 115 Gurbasappa Mahadevappa vs Neel Kanthappa Shivappa AIR 1951 Bom
136 A R Sarin vs B C Patil  Anr
AIR 1951 Bom
423 Shivshankar Prasad Shah  Ors
vs Baikunth Nath Singh  Ors  held inapplicable