JAMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE common questions of law are involved in all these three writ petitions filed by the manufacturers of salt at Didwana and Pachpadra Salt Sources, I propose to dispose them of by one judgment.

(2.) WRIT Petition No. 218 of 1969 and No. 1683 of 1970 are the petitions of the manufacturers of salt coming from Didwana who are known as Deshwals while petition No. 1373 of 1969 is the petition from the manufacturer of salt at pachpadra known as Kharwal.

(3.) THE history of Kharwals and Deshwals is about three to four hundred years old. For the purpose of this judgment, it will be relevant to mention that the Deshwals who are generally Mohammedans by caste are the residents of Didwana. Their main occupation is to manufacture salt from the pans granted to them by His highness the Maharaja of Jodhpur. These salt pans are also known in that area as salt factories. In these factories Deshwals claim Bapi rights which are both heritable and transferable. The petitioners in Writ Petition No. 218 of 1969 claimed to have inherited such rights from their forefathers in the pans alleged to have been owned by them. The position of the salt pan in Writ Petition No. 1683 of 1970 is different. According to the averments made by the petitioner the salt pan no. SDM. 86 was owned by some Deshwals who migrated to Pakistan and consequently the pan was declared to be an evacuee property. The Custodian put this pan to auction on 17th of January, 1963, and Messrs. Jeewanmal chanchaldas, resident of Didwana purchased this pan in an open auction by giving the highest bid. A certificate of sale was issued in favour of Messrs. Jeewanmal chanchaldas by the Managing Officer-cum-Assistant Custodian on 19th of february, 1963. This certificate of sale has been produced along with the covering letter issued by the Assistant Custodian and is marked Ex. P/2. The covering letter is marked Ex. P/1. The salt pan SDM 36 was then sold by Messrs. Jeewanmal chanchaldas to one Santok Chand by executing a sale deed (Ex. P/3 ). Santok chand's son Poonam Chand, however, transferred this Pan to petitioner Abdul rehman for a sum of Rs. 700/ -. This transaction took place on the 13th of february, 1969. It is in this manner that petitioner Abdul Rehman came to be the owner of this pan.