UDARAM Vs. NAIB TEHSILDAR RAMGARH

JUDGEMENT

(1.) THESE are four connected applications under Art. 226 of the Constitution and we propose to deal with them in one judgment.

(2.) THE applicants in all these cases are original residents of District Narnol in the former Pepsu State. THEy say that they came to Bharatpur District in 1947. From there they shifted to Alwar District in 1950. In Svt. 2011 (i. e. 1954 A. D.), the applicants came to know that certain evacuee land was available for cultivation in villages Khilori and Niboli of Tehsil Ramgarh in the District of Alwar. Consequently, they applied to the Naib Tehsildar for grant of Patta of these lands and certain Pattas were granted to them for a period of five years from July, 1954 to June 1959. THEy had been cultivating that land since July, 1954. But in July, 1956 the Naib Tehsildar gave notice to them that their Pattas had been cancelled and asked them to deposit the Pattas in the Tehsil and file objections, if any, to the cancellation of the Pattas. THE applicants filed objections, but they eventually received orders from the Naib Tehsildar of the 21st of February, 1957 forbidding them from cultivating the land in future as it was to be allotted to local persons. Consequently the applicants came to this Court for issue of a writ of prohibition. THEir case is that the order of the Naib Tehsildar cancelling the Pattas and forbidding them to cultivate the land is illegal and without jurisdiction. THE applicants claim that these orders are in violation of secs. 161 and 181 of the Rajasthan Tenancy Act and rule 14 of the Evacuee Property Rules. THEy say that they had not violated any of the conditions of the lease and cannot be ejected during the term of the lease.