Section 365 in Rajasthan Land Revenue (Land Records) Rules, 1957
365. Disposal of Mutation Reports.
(a)The disposal of mutation reports is one of the most important duties of the Tehsildar and the Naib-Tehsildar.(b)It need hardly be emphasized that for safeguarding the rights and interests of proprietors and the Government in land, the correct maintenance of Khatauni Jamabandi is essential and the accuracy of the Jamabandi depends to a considerable extent on the efficiency with which the mutation work is done in the Tehsil. In fact, it is to keep the Jamabandi correct and up-to-date that it has been made obligatory upon the parties and the Patwaris to report each succession and transfer. The very object of mutations is, therefore, frustrated if genuine mutation reports are dismissed on flimsy grounds or erroneous orders are passed on them for lack of thoroughness in inquiry. Erroneous orders in undisputed cases are particularly unpardonable as there is no chance of their being corrected in appeal. An error that crepts in the Khatauni as a result of an erroneous mutation order, is practically perpetuated, as, once the order has become final, there is no chance of the entry based on it being corrected. Tehsildars and the Naib-Tehsildars should, therefore, exercise the greatest possible care in passing orders in mutation cases.(c)The practice of allowing too much latitude to the Office Qanungo or his assistants in connection with the mutation work is to be deprecated as it may lead to corruption. Final mutation orders must never be left by presiding officers to be written wholly or partially by the official in charge of mutation work in the Office Qanungo's office. This is most objectionable and should on account be permitted. All orders for mutation of names passed by any officer, whether in disputed or in undisputed cases,should be in the handwriting of the officer himself and should specify the precise entry to be made as a result order and the Khata or Khatas of the Jamabandi in which the new entry is to be made. The presiding officer should strictly comply with this rule.(d)Vague and stereotyped orders such as applicant's name be substituted or that of the deceased or the transferer should be avoided, as such orders are often found incapable of being given effect owing to lack of details. Moreover, such orders give the officials responsible for giving effect to them in the Jamabandi an opportunity of supplementing them and the opportunities given are not infrequently utilized. The order passed by the presiding officer should, therefore, clearly state whose name is to be removed; the extent of the share, area, etc. affected: whose name is to be recorded and the Khata or Khatas affected thereby.(e)Office reports are also important in mutation cases for the elucidation of facts, and they should be as clear and complete as possible. The lines on which these reports should be made have already been indicated in paragraphs 119 to 141. Stereotyped reports like "Haqiyat Bamujib Khewat Durast Hai" which are often written by the officials concerned without looking into the Jamabandi at all, are worse than useless and should on no account be accepted.(f)The procedure to be followed in mutation cases is laid down in paragraphs 1 19 to 141 while rules relating to the imposition and levy of mutation fees are given in paragraphs 142 to 146. For the guidance of the Office Qanungo necessary rules are contained in paragraph 245. Tehsildars and Naib-Tehsildars should see that all these rules and procedure are strictly followed in the disposal of rules of successions and transfers.The Tehsildars and Naib-Tehsildars shall also see that as from 28th May, 1963 the whole amount of mutation fees is credited to Government.(g)If any mutation case is not disposed of by a Village Panchayat within twenty days of the receipt of the papers from the Land Records Inspector, the Sub-Divisional Officer shall transfer the same for immediate disposal to the Tehsildar of the Tehsil in whose jurisdiction the land is situated.
