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 Madhopur, 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 ' 3 -10 -1947.

(2.) SECTION 3 of the Act provided as follows: '(3) (i) There shall be one Board of everyDistrict or any area which the Government mayby notification in the Jaipur Gazette, declare.The jurisdiction of the Board shall not extendto 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.) ON 4 -10 -1948 while the erstwhile Jaipur State was still in existence an amendment was passed by which a new Section (Section 4 -A) was added to the Act and it ran as follows: '4 -A (1) The Government may, pending the formation of the Board under Section 4, constitute provisionally for any area a Board consisting wholly of members nominated by the Government. (2) The term of a Board constituted under Sub -section (1) shall be two years or until a Board consisting of both elected and nominated members is formed under Section 4, whichever period may be less.'