JASSURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE 85 writ petitions are disposed of by this judgment as they are similar on facts and common questions, of law arise for consideration in all of them.

(2.) ALL the petitioners claim to be tenants in Tehsil Nohar, which formed part of the former Bikaner State before the State of Rajasthan was formed. Until the repeal of the Bikaner State Tenancy Act (Act No. II of 1945 (hereinafter called the Bikaner tenancy Act) by the Rajasthan Tenancy Act (Act No. 111 of 1955 (hereinafter, called the Act) which came into force on the 15th October 1955, the status of the petitioners as tenants was governed by the provisions, of the Bikaner Tenancy-Act. So far as the State lands (sic) were concerned, that Act recognised occupancy tenants, Khatedar tenants, tenants for fixed terms and the tenants who did not fall in these three classes. That law also recognised occupancy tenants in respect of private lands. The common case of the petitioners is that they were tenants of the one kind or the other under the Bikaner Tenancy Act, and by virtue of the Section. 15 of the act they became Khatedar tenants enjoying rights conferred under the Act and their Khatedari rights were taken away by the State under Section 15a, which was inserted by Section 3 of the Rajasthan Tenancy Amendment Act of 1958 in the act. These sections so far relevant, stand as follows, after undergoing various amendments:

(3.) IN all these writ petitions, the petitioners have challenged the validity of section 15a of the Act on the ground that it offends Articles 31 and 19 of the Constitution of India, as the Khatedari rights, which had vested in the petitioners, have been taken away by the State without payment of any compensation.