BHAGWAN SAHAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Art. 226 of the Constitution of India praying for writ of prohibition or other appropriate writ, order or direction against the State of Rajasthan and respondents No. 2 and 3 who are Director of Industries, Government of Rajasthan and the District Industrial Officer respectively from interfering with the petitioner's rights as a lessee of Khasra Nos. 299 to 305 situate in the village of Baori within the estate of the temple of Shri Gopinathji.

(2.) THE petitioner claims to have obtained a lease from the Mahant of the said temple on 2nd July, 1958 for a period of five years for Svt. years 2016 to 2020 on an annual rental of Rs. 999/- for the preparation of 'khar'. His case is that he was in peaceful enjoyment of his rights under the aforesaid settlement until he received a notice on 15th March, 1959, issued by the respondent No. 3 informing him that the area of the village Baori including the area covered by Khasra Nos. 299 to 305 will be publicly auctioned on 30th March, 1959. He made representations to the Director of Industries and the Government of Rajasthan but he was informed by the former that the land in question has been resumed free from all encumbrances to the State from 1st January, 1959 when the jagir of the temple was resumed and the lease granted to the petitioner by Thikana Shri Gopinathji was unauthorised.

(3.) SIMILARLY according to clause (b), all rights, title and interests created by the jagirdar or his predecessor in interest from the date of resumption came to an end against the State. Therefore, the lease in question granted by the Mahant of the temple came to an end on 1. 1. 59. The only exception which sec. 22 (1) speaks of are those which are otherwise provided in the Act. Whether sec. 26 A embodies such an exception is the question. It may be observed that sec. 26-A occurs in Chapter VI which deals with the liability for compensation. According to sec. 26 of the Act "subject to the other provisions of this Act, the Government shall be liable to pay to every jagirdar whose jagir lands are resumed under sec. 21, such compensation as shall be determined in accordance with the principles laid down in the second schedule. " Under the second schedule the gross income of a jagirdar for the basic year consists of the total income under the various heads including the income from other non-agricultural uses of land as for example, market fees, sale of fishing rights and the like, but not including rents from houses on village sites, calculated on the basis of average yield of 3 years preceding the basic year. " The income from leases would be covered under this sub-head.