PRABUDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THERE are two connected applications by Prabuda and others (No.l), and Khemla and others (No. 2) for the issue of a writ of certiorari or any other writ direction or order against the State of Rajasthan, the Collector of Nagaur, and other Revenue Authorities. As the point raised in the two casts are exactly the same, we shall decide them by one judgment.

(2.) THE case of the applicants is briefly this - THE applicants are tenants in two villages namely, Khakarki and Nokha. It seems that there was a dispute between the applicants and the jagirdars about the collection of jagirdars' share of crops as rent for Rabi 1951. Proceedings under sec. 78 of the Marwar Tenancy Act (hereinafter called the Marwar Act) were taken by the jagirdars for realization of their share of the produce. Before, however, these proceedings could come to an end, a notification No. F4(74). Rev. 1/51, dated 22.2.51, under sec. 85 of the Marwar Act, was issued by the (Government of Rajasthan, and published in the Gazette, dated the 3rd of March, 1951. This notification related to 24 villages including Khakarki and Nokha. THE notification said that it had been made to appear that the cultivators of these 24 villages had refused to pay rent, and therefore, the government was pleased to declare that such rents might be recovered as arrears of rent revenue under sec. 85(1) of the Marwar Act. THEreupon, the jagirdars applied to the Collector, and among other objections urged that notice of the applications should be given to them, and the procedure prescribed in the rules, framed under the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, (No. 1) of 1951, hereinafter called the Rajasthan Act) be followed. THE Collector dismissed the application on the 29th March, 1951, and did not give an opportunity to the applicants to be heard. THEreafter, on the 5th April, 1951, the Collector ordered the Tehsildar to collect certain sums from the tenants under R. 33 of the Rules framed under sec. 85 of the Marwar Act. THE applicants went in appeal to the Additional Commissioner who upheld the order of the Collector. THEre was then a second appeal to the Board of Revenue. It was contended that the procedure prescribed by the rules framed under the Rajasthan Act should be followed prescribed under the rules framed under sec. 85 of the Marwar Act. This contention was repelled by the Board. It was also urged before the Board that there were other points which were not decided, and the Board appears to have remanded the appeal for decision on the other points. THEreafter, the matter went to the Additional Commissioner, and he again dismissed the appeal. THEn there was again an appeal to the Board of Revenue, and by the time that appeal came to be heard a notification had been issued by the Rajasthan Government on the 24th October, 1952, cancelling the notification dated 22nd February, 1951. THEreupon, it was urged before the Board of Revenue that the notification having been cancelled, it was longer open to the Collector to realize the rent as arrears of land revenue. This objection was also dismissed by the Board, and the appeal finally failed. THEreafter, the applicants have come to this court for a writ of certiorari.