RAO UDAI SINGH STATE Vs. RAJASTHAN

JUDGEMENT

(1.) THESE are connected applications under Art, 226 of the Constitution and shall be disposed of by one judgment. The applications in these cases are Jagirdars or landholders in Tehsil Neem ka-Thana, District Jaipur and they are challenging certain orders in connection with Settlement operations in third area.

(2.) THE case of the applicants in all these cases in that Settlement opera tions took place in their Jagir villages under the Jaipur State Grants Land Tenure Act, 1947. In connection with those operations, rent-rates were published and were eventually approved under sec. 80 (4) of the Jaipur State Grants Land Tenure Act. 1947, by the Board of Revenue with the sanction of the Government of Rajasthan on the 28th of March, 1952. THEreafter slips or Parchas were distributed and the Settlement operations came to an end by a Gazette notification, dated 16th of May, 1953. Long after these operations had come to an end, the Government reduced the rent-rates by its order dated 28th July, 1954 and thus modified the earlier order of the 28th of March, 1952. Further, these reduced rent-rates were given retrospective operation from Svt. 2008 i. e. the year of settlement. This resulted in the income of the applications going down and in the likelihood that they would get less compensation now that their lands have been resumed under the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952, the applicants have come to this Court and their principal contention is that there was no law which authorised the State Government in July, 1954 to modify the order passed by it on the 28th of March, 1952 under sec. 80 (4) of the Jaipur State Grants Land Tenure Act, 1947.