KUMARI JANI BAI Vs. STATE OF RAJAS THAN

JUDGEMENT

(1.) THIS appeal is against the common judgment of a learned Single Judge in a bunch of writ petitions by which the writ petitions were partly allowed. The common judgment is Kumari Jani Bai v. State of Rajasthan and others (1 ). The State has preferred appeals against the relief granted in the writ petitions while the petitioners have preferred appeals against refusal of remaining reliefs. One similar writ petition has also been connected with these matters. All these matters are, therefore, disposed of by this common judgment.

(2.) AT the hearing of the above matters only two points were raised. We shall mention these points before stating the material facts and the statutory provisions on which these points arise. The first point relates to the validity - of the expression "since before 1st day of April 1955" occurring in Rule 7 (2) and Rule 2 (XV) of the Rajasthan Colonisation (Allotment and Sale of Government Land in the Rajasthan. Canal Colony Area) Rules, 1975 which has been struck down as violative of Article 14 of the Constitution by the learned Single Judge. The other point relates to the construction of Rule 4 (4) and Rule 13 (5) (b)of the 1975 Rules relating to which petitioner's contention has been rejected. The State of Rajasthan has preferred appeals against the decision of the learned Single Judge striking down as invalid a part of Rules 7 (2) and 2 (XV ). The petitioners have preferred appeals against rejection of their con-tention relating to Rules 4 (4) and 13 (5) (b ).

(3.) IT has been held by the learned Single Judge that this requirement of possessing necessary qualification 'since before the first day of April 1955' to satisfy the requirement of the definition of 'resident of Rajasthan" is arbitrary and, therefore, invalid. IT has also been held that this part in both these provisions wherein an arbitrary date is specified, is severable from the remaining part and, therefore, the words prescribing first day of April 1955 as the qualifying date have been struck down as invalid.