INDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India by Sardar inder Singh and Krishi Sahkarini Samiti, Bhimnagar, through its Secretary, Satya Pal Singh, against the State of Rajasthan, the Board of Revenue, Rajasthan, the Anti Ejectment Officer, Bayana, and 23 other respondents, who were applicants before the Anti Ejectment Officer in 23 different cases under Section 7, Rajasthan (Protection of Tenants) Ordinance, 1949 (NO. IX Of 1949).

(2.) The petitioners' case is that the petitioner No. 1 leased the whole of his land 582 bighas to the petitioner No. 2 for a period of 10 years in connection with the "GROW MORE FOOD CAMPAIGN", and got the patta registered before the Tehsildar, Bayana, on 1-3-1952, and the possession of the land was transferred by the petitioner No. 1 to the petitioner No. 2 by the date of registration of the patta. The respondents Nos. 4 to 26 filed separate applications in the Court of S.D.O., Bayana, under Section 7, Rajasthan (Protection of Tenants) Ordinance, 1949, for reinstatement on different parcels of the above-mentioned land, saying that they were in possession of it and were dispossessed by the petitioners. The Sub-Divisional Officer, Bayana, on 7-7-1952, ordered that the respondents Nos. 4 to 26 be reinstated on the lands mentioned in their applications. Against this order of the S.D.O., the petitioner No. 2 filed 23 revision applications, one in each of the 23 cases, before the Board of Revenue under Section 10 (2) of the Ordinance, and the Revenue Board remandad these cases on 10-1-1953, by one judgment, for disposing them of according to law after giving notice to the petitioner No. 2. It has been averred that the Anti Ejectment Officer, Bayana, was now proceeding to make enquiry in these cases without jurisdiction, and hence the necessity of this petition under Article 226 of the Constitution of India.

(3.) The grounds, on which the jurisdiction of the Anti Ejectment Officer is questioned are as follows: