Bapna, J. - (1.) THIS is a petition under Art. 226 of the Constitution of India.
(2.) THE case of the petitioner is that he is a khatedar of lands bearing khasra Nos. 691/2, 693/2, 710, 717, 718, 1166, 1167/1,1167/2,725,723,765* 1165/1, 1165/2, 691, 1230. 690 691/1, 728, 725 and 1232, measuring 1278 bighas 3 biswas, situated in village Newata, and had been paying rent for the same to the Government of Rajasthan. It was alleged that the Tehsildar, Sawai Jaipur, made a recommendation to the Collector that 180 bighas out of the said holding be allotted to respondents Nos. 3 to 8, viz. , Gulla, Ghasi, s/o Ganga Ram, Nanga, Bhairon. Ghasi s/o Manga and Kana. This recommendation was accepted by the Collector, and finally by the Government by order of 19th January, 1953. It was alleged that the Government had no power to take away his land, and he could not be ejected as laid down by sec. 70 of the Jaipur Tenancy Act, 1945. On behalf of the Government a reply has been submitted in which The petitioner's status as khatedar of the land in dispute has been admitted, but it is urged that according to the Revenue Standing Order No. 2, khatas of 2)0 bighas of land are to be regarded as shamlat deh, and as such any portion thereof can be taken away and assigned to other persons and in the present case the allotment of 3) bighas each to the six respondents was made because they had no land to cultivate, and they had agreed to dig a well in it It was also urged in the alternative that sec 30 of the Tenancy Act permitted the Government to take away land for the purpose of constructing a well by any person, and since these other persons had agreed to construct a well, the action of the Government was justified. Sec. 70 of the Tenancy Act lays down that no tenant should be ejected from his holding otherwise than in accordance with the provisions of the Act. The sections that subsequently follow mention the conditions under which ejectment of a tenant can be made and the manner of doing it. None of these conditions existed in the present case, nor has it been contended that such conditions existed. Sec. 30 of the Tenancy Act permits the Government to acquire - (a) any holding or part thereof for any public purpose, or (b) the whole or a part of the holding of a khatedar tenant for the purpose of enabling any person to construct a well or a bund, and in either case to make compensation to the tenant in possession - (i) for the holding or part of the holding so acquired, (ii) for disturbance, and (iii) for any improvement made by such tenant. Clause (a) obviously does not apply, for no public purpose has been mentioned. Clause (b) only permits the particular portion of the holding which may be acquired for the purpose of constructing a well or bund. It does not permit the taking away of land which may be benefited by a construction of the well. What it means is that the land to be acquired should be directly required for the purpose of constructing the well or the bund. In the present case the proceedings have not at all been taken under sec. 30, for in that case something would have been said as to compensation also. However, as explained above, sec. 30 is inapplicable. As to Standing Order No. 2, the value of the Standing Order is only as instructions to Government officers, and they do not purport to lay down any law. They purport to have been made by the Government of Jaipur, and do not have the force of any law because they were not framed under any Act. This Standing Order was published on 22nd February, 1948, along with certain other Standing Orders, and if it purports to authorise the revenue authorities to take away the land of any khatedar at their sweet will, it is obviously inconsistent with sec. 70 of the Tenancy Act. and is void and of no effect. It may further be mentioned that though Chakbandi khatas of over 200 bighas have been classed as shamlat deh. there is no specific mention in these Standing Orders whether these shamlat deh khatas can be taken away by the. Government at its sweets will. The power of assignment of land, which is mentioned to be exercised in this Order, relates to unoccupied land, which is differently defined in the Standing Order. In our opinion the order of the Government purporting to deprive the petitioner of 180 bighas of his khatedari land by allotment to various persons mentioned above is illegal and not supported by law. The petition is, therefore, allowed, and the order of the Government dated 19th January, 1953. purporting to take away 180 bighas of land from the khatedar petitioner is set aside. The State of Rajasthan is restrained through its officers from interfering with the possession of the petitioner in respect of 278 bighas 2 biswas of land described as aforesaid. The petitioner will get his costs from the State. .;