RAO SANGRAMSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE are two connected applications under Article 226 of the Constitution No. 69 has been filed by Rao Sangram Singh of Deogarh, while, No. 19 has been filed by Naharsingh of Kotri. We propose to deal with these two petitions by one judgment as the point raised in them is the same.

(2.) BRIEFLY speaking the case of the two petitioners as it has emerged eventually is this:

(3.) RAO Sangramsingh holds village Raila and pays Rs. 800/- a year for it to the dargah- Khwajah Sahib, Ajmer. Naharsingh holds village Kotri, and pays Rs. 60/per year to the same Dargah. Their case is that they were granted a permanant lease (Ijara Istamrar of Patta Istamrar) by the Dargah sometimes in the l9th century. By virtue of that Patta Naharsingh has to pay Rs. 60/- per year to the dargah which is the Maufidar of these two villages, while Rao Sangramsingh has to pay Rs. 800/ -. They have thus been holding these two villages for the Dargah for a very long time now. Their grievance is that in 1955 proceedings were taken by the State to resume these two villages under the Rajasthan Land Reforms and Resumption of Jagirs Act (No. VI) of 1952 (hereinafter called the Act) under notifications issued under section 21 of the Act. They contend that these villages were granted to file Dargah for its maintenance as a place of religious worship, and as the income from the villages is still being utilized for the maintenance of the said Dargah, these two jagirs were exempt from being resumed in view of Section 20 of the Act. They, therefore, pray that the State be restrained from resuming these two villages.