- (1.) Heard on the question of admission. In the writ petition, petitioner has prayed for declaring Section 42(b) of the Rajasthan Tenancy Act, 1955 as ultra vires of the Constitution of India. Prayer has been made to set aside the order dated 2.2.2011. Consequential relief of mutation of the name of the petitioner in the revenue record has also been made.
(2.) Section 42(b) of the Rajasthan Tenancy Act prohibits sale, gift or bequest by khatedar tenant member of Scheduled Caste in favour of a person who is not a member of the Scheduled Caste, or by a member of Scheduled tribe in favour of a person who is not a member of the Scheduled Tribe. Such a transaction is declared to be void. It is averred on the petition that petitioner is a private limited company. It is involved in the generation of any kind of energy like solar energy and to set up power plants and other facilities for generation of power from solar energy.
(3.) The petitioner intended to participate in the proposed scheme to be floated by NTPC Vidyut Vyapar Nigam Ltd. (NVVN) under the Jawaharlal Nehru National Solar Mission. Requisite permission has been obtained. However, bidders need to provide evidence within six months of signing PPA with NVVN that the required land for project development was under possession of the successful bidders. The petitioner started purchasing land at Phalodi so as to acquire ownership and possession of a requisite large piece of land. Land in dispute was required to be purchased by the petitioners. Petitioner purchased around 150 bighas land from Bhera Ram S/o Budha Ram Bavari recorded as such as khatedar tenant vide sale-deed dated 4.1.2011. Petitioner thereafter applied for changes in revenue record. Tehsildar came to the conclusion that sale is against he provision of Section 42(b) of the Act of 1955. Sellers belong to a scheduled caste, therefore transaction is void. The respondents are likely to proceed under Section 175 of the Act of 1955 to take over the land in dispute.;