RAJ KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

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

(2.) FOR the purposes of the decision of this writ petition, it may be taken as not in dispute that Thakur Sobhagsinghji of Jakhora, district Jhunjhunu had assigned village Bhinvsar alias Pipal ka-Bas in District Jhunjhunu to his wife for her maintenance in the year 1930. Settlement operations of the area in which this village is situate were carried on by the former Jaipur State, but on there being objection to the settlement by the Jagirdars, the Government of the former Jaipur state issued the following notification on 14th June, 1945 : - "the Government are further pleased to make the following orders regarding the various grievances placed before the committee. Settlement: - (5) As the villages (46 in number) and plots held in Bhog, Udak, Muafi etc. in the Panchpana area have not yet been settled, the question of introducing settlement will be taken up at an early date. Bona fide havalas, which existed at the time of the introduction of settlement, will for the present be excluded from settlement but the havalas which the Panchpana sardars created after the introduction of settlement or which may be created hereafter will not be excluded from the settlement"