RAM KARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these writ petitions mentioned in the schedule appended to this order are disposed of by this common order as they involve common question of law.

(2.) FOR the convenient disposal of all these writ petitions, the facts of D.B. Civil Writ Petition No. 1865 of 1985, Ram Karan v. State of Rajasthan and Ors. are taken into consideration.

(3.) MEAN while, the Government framed the Rules known as Rajasthan Colonisation (Allotment and Sale of Government Land in the Rajasthan Canal Colony Area) Rules, 1975 (hereinafter referred to as 'the rules of 1975'). The Government also amended the provisions of the Rajasthan Tenancy Act, 1955 (referred to hereinafter as 'the Act of 1955') and the Government came forward with the Rajasthan Tenancy (Amendment) Act, 1979 (hereinafter called 'the Act of 1979'). By virtue of the Amendment Act of 1979 a new Section 15 -AAA was sought to be inserted in the Act engrafting an exception to Section 15 -A of the Rajasthan Tenancy Act. Then, again the Government came forward with the Rajasthan Tenancy (Amendment) Act, 1983 (hereinafter referred to as 'the Amending Act of 1983'). By this amendment Act of 1983 new Sub -sections were added to Section 15 -AAA; namely, Sub -sections (3), (4) and (5). The petitioner by this writ petition has challenged the provisions of the Amendment Act of 1983 to the limited extent that the expression used in Sub -section (3) of Section 15 -AAA i.e. 'commencement of this Act' should be struck down, on the envil of Article 14 of the Constitution of India.