JEEWANRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application by Jeewanram under Art. 226 of the Constitution for issue of a writ of mandamus or any other writ, direction or order, which may be appropriate in the case.

(2.) THE applicant's case is that he purchased a plot of land measuring 18 Biswas in Chak Beedwala for a sum of Rs. 100/- and got a sale deed executed in his favour on the 3rd May, 1952. THE applicant is a jat while the vendor Girdhari is a barber. THE applicant presented for registration the sale deed before the Sub-Registrar, of Hanumangarh on that very day. THE Sub-Registrar, however, refused to register the deed, and his reason for the refusal was that the seller and the purchaser did not belong to the same community or group of castes. He relied on Notification No. 108 dated 11th October, 1943, issued by the Government of Bikaner, and published in the Bikaner Rajpatra, dated 30th October, 1943, at page 430, read with Notification No. 66 of 29th September, 1945, published in Bikaner Rajpatra of the 6th October, 1945. THEse notifications put certain restrictions on the sale of land without the permission of the revenue authorities. THE applicant says that the restrictions put in these notifications are void in view of Arts. 14,15, and 19 (f) of the Constitution. He, therefore, prays that rule 3 of Notification No. 108 read with Notification No. 66 be declared null and void, and the Sub-Registrar be ordered to register the sale-deed.