SAJJAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application for stay filed by Thakur Sajjan Singh in connection with his application for leave to appeal to the Supreme Court against the order of this Court dismissing the applicant's writ petition against the Rajasthan Land Reforms and Resumption of Jagirs Act (No. VI) of 1952 (hereinafter referred to as the Act).

(2.) The facts leading to this application may be briefly narrated. The applicant filed a writ petition in this Court challenging the validity of the Act. That writ petition was dismissed by this Court on the 23rd of August, 1954. Thereupon, the applicant has made an application for leave to appeal to the Supreme Court, which is pending in this Court, and notice of it has been issued to the State. The applicant prays (1) that pending the disposal of the application for leave to appeal this Court may be pleased to grant a stay order restraining the State from interfering in any manner with the possession of the applicant over his jagir, or from taking any steps under the Act, and (2) that, in case this Court is pleased to dismiss the application for leave to appeal, the applicant may be granted a stay order in the same terms pending final disposal of his application for special leave to appeal to the Supreme Court. The stay application purports to have been made under Section 151, and Order 45, Rule 13 of the Code of Civil Procedure.

(3.) The application has been opposed on behalf of the State on various grounds. In the first place, it is contended that Order 45, Rule 13, and Section 151 of the Civil Procedure Code have no application to matters coming before this Court under Article 226 of the Constitution. In the second place, it is contended that even if there are inherent powers in this Court to pass stay orders in such eases, there is no order of this Court which can be stayed except the order allowing costs to the State. Lastly, it is urged that the balance of convenience is not in favour of the grant of a stay order of the kind prayed for by the applicant.