SURENDRA KUMAR DAYMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed this writ petition stating therein that he is resident of State of Rajasthan, his father and grand father being permanent resident of Nawalgarh, District Jhunjhunu, Rajasthan. It is stated that on account of his business activities, he resides presently at New Delhi. It is submitted that the petitioner belongs to Scheduled Caste category in the State of Rajasthan. He stated that vide registered sale deed dated 25.07.2016, he purchased certain parcels of agricultural land situated in town Chaksu, Tehsil Chaksu, District Jaipur from Shri Hari Narayan Raigar, a member of Scheduled Caste; but, in the garb of clarification circular/ letter dated 11.02.2009 issued by the Government of Rajasthan in the Department of Revenue, the respondents have refused to record mutation of the land in question in his favour. Assailing the clarification circular/letter dated 11.02.2009, learned counsel for the petitioner contended that Section 42-B of the Rajasthan Tenancy Act, 1955 (for short, 'The Act of 1955') puts no bar on purchase of the property by a member of Scheduled Caste not resident of Rajasthan. He contended that by way of administrative order, the statutory provisions cannot be altered/amended. He, therefore, prays for a direction to the respondents to enter the mutation of the land in question in his favour.

(2.) Per contra, Mr. Rajesh Maharshi, learned Additional Advocate General submitted that vide clarification circular/letter dated 11.02.2009 keeping in view the interest of the residents of Rajasthan, it was decided to restrain the persons not residents of Rajasthan from purchasing the land belonging to the members of Scheduled Castes/Scheduled Tribes.

(3.) Learned counsel for the respondents relied on the judgment of the Hon'ble Apex Court of India in cases of Bhagwan Dass and ors. Vs. Kamal Abrol and ors.: (2005) 11 SCC 66 as well as Union of India (UOI) and ors. Vs. Dudh Nath Prasad: AIR 2000 SC 525.