PARTAP SINGH Vs. STATS OF RAJASTHAN

JUDGEMENT

(1.) THESE are four connected writ petitions under Art. 226 of the Constitution directed against two orders, one fixing the rent rates as a result of settlement operation which commenced in Barmer Tehsil on 1. 11. 51 and the other enforcing three rent rates with effect from the beginning of the agricultural year Smt. 2012.

(2.) THE petitioners are jagirdars whose jagir land was situated in Barmer Tehsil. THEir jagirs were resumed on 13th September 1956 that is in agricultural year Smt. 2013. Settlement operation commenced in this Tehsil on 1. 11. 51 under the Marwar Land Revenue Act 1949 (hereinafter called the Act) under notification dated 24th October 1951. THE facts which appear from the record of the Settlement Department which was produced before us on behalf of the respondents and which are relevant for purposes of the present petitions are these. THE Settlement Officer submitted his rent report on 25. 12. 55. He recommended in this report that rent rates proposed by him should be enforced from Smt. year 2013, that is from the first day of July next following the rent rate report. THE proposals of the Settlement Officer were scrutinised by the Additional Settlement Commissioner who proposed that the rent rates may be enforced from Smt. years 2012. THE Settlement Commissioner to whom the papers were then forwarded agreed with the recommendations of the Additional Commissioner about enforcing the new rent rates from Smt. 2012. THE Board of Revenue thereupon recommended to the Government that the new rent rates may be introduced with effect from the beginning of Smt. 2012. THE Government were pleased to accept this recommendation. On 9. 3. 56 the Settlement Commissioner sent the following telegram to the Settlement Officer: - Rent rate Parchas for Barmer West Central and eastern areas be distributed to come into effect from Smt. 2012. On receipt of the above telegram the Settlement Officer passed an order on the same day as follows: - Inform the four Assistant Settlement Officers to take up rent declaration from Smt. 2012.

(3.) ON the contrary the letter shows that the Settlement Officer was even then of the opinion that the new rents should be enforced from Smt 2013. For he told the Settlement Commissioner that the Collector of Barmer was emphatically of the opinion that they should not be enforced from Smt. 2012 without indicating that he did not agree with him. The kharif rents had already been collected in kind by the Jagirdars. All that can be said is that the Settlement Officer did not say for himself that there will be any difficulty in enforcing the new rent rates from Smt. 2012. What he said positively was that parchas were ready and could be distributed at once.