RAMDEO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution of India.

(2.) RESPONDENT No. 3 Chhaju, made an application to the Sub-Divisional Officer, Behror, on 11th June, 1952, on the allegations that he was a cultivator of the fourth share in his plots of land measuring in all 16 bighas and 11 biswas situated at village Rampur, but had been wrongfully dispossessed by Ram Deo and Lakhmi Singh on 1st June, 1952. He claimed to be put in possession of the land falling to his share under sec. 7 of the Rajasthan (Protection of Tenants) Ordinance, 1949. The Sub-Divisional Officer, Behror, dismissed the petition, and Chhaju filed a revision application before the Board of Revenue on 12th March, 1953. The Board, after entertaining the application, fixed 28th August, 1953, for hearing. The present petition has been made for prohibiting the Board of Revenue to proceed with the application on the ground that the operation of the Rajasthan (Protection of Tenants) Ordinance (No. IX of 1949) had come to an end, and the Revenue Board had no jurisdiction to proceed further in the matter of the revision.

(3.) IN Ram Kishan vs. State (4) a certain Act expired on 20th September, 1947, and subsequent attempts to keep it alive or continue its operation by an Ordinance and Act brought into force on 23-9 48 and 16. 12. 48 respectively were held to be unsuccessful for two reasons viz. , "1. Neither the Ordinance, nor the Act purports to have retrospective effect as both of these proceed explicitly on the footing that the Act was alive till the date of their one enactment. 2. Neither if them purports to revive an enactment which had already ceased to be operative. "