MAGH SINGH Vs. STATE

JUDGEMENT

(1.) By this writ petition, the petitioner challenges the validity of Section 89 of the Rajasthan Land Revenue Act, 1956. It has been prayed that the impugned order Anx. 2 may kindly be quashed and the respondents No. 2 may be restrained from proceeding in the matter.

(2.) Briefly stated the facts of the case as alleged by the petitioner are that he is holding Barani land measuring about 85 bighas at village Gangrana, Tehsil Merta, District Nagaur. In support of his case he has also produced Jamabandi from Samvat Year 2037 to 2040 (Anx. 1). It has been alleged that a notice (Anx. 2) was received by him issued by the respondent No. 2 under Section 89 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as 'the Act') calling upon the petitioner to produce his claim for quantum of compensation as a mining lease has been given to M/s. Manglam Cement Limited in respect of the land in question. Hence, this writ petition.

(3.) This writ petition is pending since 21-3-1984. This Court while admitting the petition on 23-3-1984 stayed proceedings pending before the Sub-Divisional Officer, Merta, in connection with notice Annx. 2. An application was filed by M/s. Manglam Cement Limited on 11-7-1984 for impleading it as a party-respondent in the petition, which was allowed on 19-9-1984. In pursuance of the notice, reply has been filed by the respondent-State on 1-8-1984 praying that the petition deserves to be dismissed.