Livestock Breeding Scheme

Board of Revenue in exercise of revisional jurisdiction ordered allotment of such resumed land to successor Lambardar so long as such person holds office of Lambardar and fulfils conditions of grant.

Scheme `B', paras. 26 & 29-Resumption of tenancy-Opportunity to show cause-Tenancy under Scheme, held, cannot be resumed without notice for rectification of breach of condition-Mere. fact of enquiry continuing, for 5 months no substitute for giving opportunity to rectify breach.

Livestock Breeding Scheme, 1960- read with Notification dated 24-6-1974 and Scheme for grant of State land to landless cultivators-Land leased out to respondent and petitioner entering into cultivating possession of land as a tenant of respondent and his collateral-Petitioner in absence of any independent right, held, cannot set pp an adverse title to respondent or deny his being landlord-Respondent instead of using land for purpose of breeding pedigree livestock renting same to petitioner for raising crops in lieu of half Petitioner, held, de to with respondent and consequently disentitled to exercise of discretionary jurisdiction in his favour Grant of land being within discretion of Government and discretion being not exercised in favour of petitioner, Supreme Court, held, would sit over judgment of Government.

S. 10 read with Livestock Breeding Scheme, 1960, para. 5 & -Memorandum dated 20th December 1963-Memorandum, vires of Memo. dated 20th December 1963 issued by Board of Revenue, held, bad no force of law but only laid guiding principle-Violation of such instruction will not bring principle of ultra vires into play and civil Court has no jurisdiction in circumstances of case.

Livestock Breeding Scheme -stork Breeding Scheme-Suitability of live-stock breeder-Question rests on recommendations of Animal Husbandary Department-Being a Mujawar, not a disqualification