- (1.) THE following question has been referred by a learned single Judge of this court:-- "whehter Section 15-A of the Rajasthan Tenancy Act 1955, can be declared as unconstitutional or void as being violative of Article 31a (1)or 19 (1) (F) and 31b of the Constitution despite the amendment of schedule 9 of the Constitution of India by the Constitution (Seventeenth Amendment) Act. 1964?" The case of the petitioners is that they were temporary cultivators of land situated in the Rajasthan Canal Area and became Khatedar tenants on the coming into force of the Rajasthan Tenancy Act. They further assert that their Khatedari rights cannot be extinguished by Section 15-A of the Rajasthan. Tenancy Act, which runs as follows:- "15-A. Khatedari rights not to accrue in Rajasthan Canal Area.-- (1)Notwithstanding anything contained in Section 13 or in Sub-section (1)of Section 15 of this Act or in any other law for the time being in force, or in any lease, patta or other document, land in the Rajasthan Canal area leased out on any terms whatsoever shall be deemed to have been let out temporarily within the meaning of the proviso to the said subsection of the said Section 15 of this Act and no Khatedari rights shall accrue or shall be deemed ever to have accrued in any such land leased out as aforesaid. Provided that nothing in Sub-section (1) shall affect or apply to any person to whom Khatedari rights shall accrue in accordance with the provisions of the Rajasthan Colonisation (General Colony) Conditions, 1955 or any other statement of Conditions or Rules of Allotment and sale of Government land made in exercise of the power conferred by section 7 of the Rajasthan Colonisation Act. 1954 (Rajasthan Act 27 of 1954) or the rules for allotment of lands for Khudkasht in the Rajasthan canal area made under the Rajasthan Land Reforms and Resumption of jagirs Act 1952 (Rajasthan Act 6 of 1952 ). (2) Any person claiming that he possesses and is in eniovment of khatedari rights in any land referred to in Sub-section (1) because such land had been let out to him permanently before the commencement of this Act may within four years from the date of such commencement and on payment of a court-fee of twenty-five nave paise apply to the assistant Collector having jurisdiction praving for a declaration to that effect and the provisions of Sub-section (5) of Section 15 shall apply to such application. "
(2.) SECTION 15-A was inserted by Section 3 of Rajasthan Act No. 6 of 1958 published in the Rajasthan Gazette dated 17-3-58. It was amended by Act No. 35 of 1958 published in the Rajasthan Gazette dated 15-11-58, by Act No. 46 of 1958 published in the Rajasthan Gazette dated 24-12-58, by Act No. 7 of 1960 published in the Rajasthan Gazette dated 24-3-60 and by Act No. 5 of 1962 published in the Rajasthan Gazette dated 21-4-62.
(3.) IT was held by this Court in Jassuram v. State of Rajasthan. ILR (1962) 12 Rai 900 = (AIR 1963 Raj 72) that the above provision offended the guarantee given by the Constitution under Article 31 (2) and was ultra vires.;