RATIRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

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

(2.) THE case of the petitioner is that he is a khatedar of lands bearing khasra Nos. 691/2, 693/2, 710, 717, 718, 1166, 1167/1,1167/2,725,723,765* 1165/1, 1165/2, 691, 1230. 690 691/1, 728, 725 and 1232, measuring 1278 bighas 3 biswas, situated in village Newata, and had been paying rent for the same to the Government of Rajasthan. It was alleged that the Tehsildar, Sawai Jaipur, made a recommendation to the Collector that 180 bighas out of the said holding be allotted to respondents Nos. 3 to 8, viz. , Gulla, Ghasi, s/o Ganga Ram, Nanga, Bhairon. Ghasi s/o Manga and Kana. This recommendation was accepted by the Collector, and finally by the Government by order of 19th January, 1953. It was alleged that the Government had no power to take away his land, and he could not be ejected as laid down by sec. 70 of the Jaipur Tenancy Act, 1945.