THAKUR MADAN SINGH Vs. COLLECTOR SIKAR

JUDGEMENT

(1.) THESE are 105 petitions filed by various State grantees and cultivators of the territories included in the former Jaipur State, which have now been included in the Districts of Jaipur, Jhunjhunu, Sawai Madho-pur, Sikar and Tonk of the present State of Rajasthan. In the year 1947 the then Jaipur State passed an Act known as the Jaipur District Boards Act, 1947 (hereinafter to be referred to as the Act ). This Act came into force on the 3rd October, 1947.

(2.) SEC. 3 of the Act provided as follows: - " (3) (i) There shall be one Board for every district or any area which the Government may, by notification in the Jaipur Gazette, declare. The jurisdiction of the Board shall not extend to Town Municipalities. (ii) Every Board shall be a body corporate by the name of "the (name of district) district board" and shall have perpetual succession and a common seal and shall be vested with the capacity of suing and being sued in its corporate name, of acquiring, holding and transferring property moveable or immovable, and of entering into contracts. "

(3.) SOME time before the arguments were heard in the petitions of Group A some petitions had been filed but they were not heard along with the petitions of Group A because they were not ripe for hearing. After the hearing of the petitions of Group A but before the Amending Ordinance was published in the Rajasthan Gazette (Extra-ordinary) dated the 4th October, 1952 which had the same provisions as the Third Amendment Act some more petitions were filed. All these petitions will be referred to collectively as petitions of group B.