- (1.) THESE 85 writ petitions are disposed of by this judgment as they are similar on facts and common questions, of law arise for consideration in all of them.
(2.) ALL the petitioners claim to be tenants in Tehsil Nohar, which formed part of the former Bikaner State before the State of Rajasthan was formed. Until the repeal of the Bikaner State Tenancy Act (Act No. II of 1945 (hereinafter called the Bikaner tenancy Act) by the Rajasthan Tenancy Act (Act No. 111 of 1955 (hereinafter, called the Act) which came into force on the 15th October 1955, the status of the petitioners as tenants was governed by the provisions, of the Bikaner Tenancy-Act. So far as the State lands (sic) were concerned, that Act recognised occupancy tenants, Khatedar tenants, tenants for fixed terms and the tenants who did not fall in these three classes. That law also recognised occupancy tenants in respect of private lands. The common case of the petitioners is that they were tenants of the one kind or the other under the Bikaner Tenancy Act, and by virtue of the Section. 15 of the act they became Khatedar tenants enjoying rights conferred under the Act and their Khatedari rights were taken away by the State under Section 15a, which was inserted by Section 3 of the Rajasthan Tenancy Amendment Act of 1958 in the act. These sections so far relevant, stand as follows, after undergoing various amendments: Section 15:-- " (1) Subject to the provisions of Section 15 and Clause (d)of Sub-section (1) of Section 180 every person who, at the commencement of this Act, is a tenant of land otherwise than as subtenant or tenant of Khudkasht or who is after the commencement of this act, admitted as a tenant otherwise than as a sub-tenant or a tenant of khudkashi or an allottee of land under, and in accordance with rules made under section 101 of the Rajasthan Land Revenue Act 1956 (Rajasthan Act 15 of 1956) or who acquires khatedari right in land in accordance with the provisions of this Act or of the Rajasthan Land reforms and Resumption of Jagirs Act, 1952, (Rajasthan Act VI of 1952)or of any other law for the time being in force shall be a khatedar tenant and shall, subject to the provisions of this Act be entitled to all the rights conferred, and be subject to all the liabilities imposed on Khatedar tenants by this Act. Provided that no Khatedari rights shall accrue under this section to any tenant to whom land is or has been let out temporarily in Gang Canal bhakra, Chambal or Jawan project area, or any other area notified in this behalf by the State Government. (2 ). . . . (3 ). . . . (4 ). . . . . . . . . . . . . . . . . . . . (5 ). . . . "15-A (1) Notwithstanding anything contained in Section 13. or Subsection (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 ares, leased out on any terms whatsoever shall be deemed to have been let out temporarily within the meaning of the proviso to the said sub-section 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. " (2 ). . . . . . . . . . . . . " It is not in controversy that Section 15a, as it stands now, is retrospective in operation and applies even to those persons who had acquired khatedari rights before this section was inserted.
(3.) IN all these writ petitions, the petitioners have challenged the validity of section 15a of the Act on the ground that it offends Articles 31 and 19 of the Constitution of India, as the Khatedari rights, which had vested in the petitioners, have been taken away by the State without payment of any compensation.;