RAJA HARISINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE are two applications under Article 226 of the Constitution of India by Raja Harisingh (No. 25) and Thakur Jaswant Singh (No. 33). The points raised in the two applications are exactly the same, and we propose therefore to decide them by one Judgment.

(2.) THE case of the applicants is that they are jagirdars of certain villages in Tahsil Nawa, district Nagaur. Settlement operations were going on in that Tahsil for sometime past, and, on 31-8-1950, a notification was issued as provided by Section 81(1)(d) of the Marwar Land Revenue Act (hereinafter referred to as the Land Revenue Act) inviting objections to the rent rates published therein within one month. On the publication of this notification, the applicants raised a number of objections to the rent rates fixed, and said inter alia that the general principles governing settlement were not followed in fixing the rates, and in particular the provisions of the Land Revenue Act had not been complied with both as to the manner of the publication of the rates and to the method of arriving at them. It was also objected that the Marwar Tenancy Act (hereinafter referred to as the Tenancy Act) and the Land Revenue Act were ultra vires. A date was then fixed for hearing of these objections, & the Assistant Settlement Commissioner heard them. It was pressed before him that it was impossible to submit proper objections in view of the fact that the report, on which the rent rates were based, had not been published, and the applicants were not being allowed to inspect the settlement records. No orders disposing of the objections were communicated to the applicants; but, on 25-10-1951, the applicants were informed that the rent rates had been approved by the Board of Revenue and the approval of the Government was being awaited. On 25-11-1951, the applicants were informed that the Government had sanctioned the rent rates, and Parchas would be distributed to the tenants accordingly. THE applicants then made representations to the Board of Revenue and the Revenue Minister, and the distribution of Parchas was stayed from time to time. Eventually, on 14-3-1952, the applicants were informed that distribution of Parchas would begin soon. In April, 1952, the applicants were informed that the cash rents fixed would take effect from Kharif St. 2008, i.e. July, 1951. Consequently the present applications were filed on or about 25-4-1952, praying that an appropriate writ, order, or direction be issued declaring the Land Revenue Act and the Tenancy Act ultra vires of the powers of the then Government of Jodhpur, and prohibiting the State from enforcing the rent rates nxed in contravention of the law.

(3.) THE other minor grounds, that appear in the applications, were not pressed before us, and it is unnecessary to deal with them.