JEEWAN RAM Vs. UNITED STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application by Jeewan Ram under Article 226 of the Constitution of India for the issue of a writ or order in the nature of 'mandamus' or prohibition or any other suitable writ against the State of Rajasthan and the Collector of Churu.

(2.) The application has arisen out of an order by the Collector under the Rajasthan Premises (Requisition and Eviction) Ordinance, 1949 (No. XI (11) of 1949). The Collector has passed an order under Section 3, Sub-section (4) of the Ordinance requisitioning the house of the applicant. The validity of the order has been challenged on various grounds. In the first place, it is submitted that the Ordinance could not remain in force after the 26th of January, 1950, and, therefore, the Collector had no authority to act under it. In the second place, it is urged that the Ordinance is void, as it contravenes Article 19 (1) (f) of the Constitution of India, and imposes unreasonable restrictions on the exercise by the applicant of his right to acquire, hold and dispose of property. In the third place, it is submitted that as the Ordinance has not received the sanction of the President under Article 31 (6), it is void in view of the provisions of Article 31 (2). Lastly, it is urged that the Collector had no jurisdiction to pass the order in question, because he did not lay the foundation for such jurisdiction.

(3.) The application has been opposed on behalf of the State, and all the grounds urged by the applicant have been traversed.