THAKUR RANBIR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application under Art. 226 of the Constitution by Thakur Ranbir Singh challenging the validity of the notification issued by the State Government under sec. 21 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 (No. VI of 1952) (hereinafter called the Act) with respect to the applicant's Jagir. The applicant is the Jagirdar of Thikana Bahar situate in Tehsil Niwai in the district of Tonk. The annual rental income of his Jagir is about Rs. 19,000/- -. A notification was issued by the State Government on the 25th of January, 1956 by which a number of Jagirs were ordered to be resumed as from the 1st of February, 1956 by name. The applicant's contention is that that notification under sec. 21 is invalid for three main reasons, namely: - (1) That the State Government had no authority viz. to resume Jagirs by name and that under sec. 21 of the Act, it could only notify resumption of Jagirs class by class. (2) That there was discrimination, even assuming that the notification of the 25th of January, 1956 was valid, inasmuch as the applicant was treated differently from two other Jagirdars, namely Jagirdars of Jhilai and Siras. It was also urged during arguments in this very connection that there was discrimination as the Jagirs in only two districts were resumed and not in other districts of Rajasthan. (3) That even assuming that by that notification the Government was resuming all settled Jagirs with an income of over rupees one thousand per year, the applicant's Jagir was not a settled Jagir and, therefore, could not be resumed.

(2.) THE application has been opposed on behalf of the State Government. THEir contention is that the State Government was resuming Jagirs class by class and by December, 1954 it had issued a number of notifications, the cumulative effect of which was that all settled Jagirs with an annual income of rupees one thousand and over were to be resumed by the 1st of January, 1955. Thus a major portion of the Jagirs were resumed by the 1st of January, 1955. But there were still a large number of Jagirs which were not settled and could not be resumed by the 1st of January, 1955. THErefore what the Government did thereafter was that as and when Jagirs having an animal income of more than one thousand rupees came to be settled after the 1st of January, 1955 notifications used to be issued resuming those Jagirs after settlement. It is urged that the notification of the 25th of January is one such notification and that though the notification itself appears as if certain Jagirs were being resumed by name, in fact what has happened is that all Jagirs settled upto that time with an annual income of over rupees one thousand were ordered to be resumed by this notification.