M. Trivedi, K. L. Mehta, with him , for the Petitioners in Petitions Nos.
C. Isaacs, S. D. Sekhri, with him , for the Petitioner in Petition No.
62 of 1955.
L. Aggarwal and Rajinder Narain, for the Petitioners in Petitions Nos 471, 472, 474 and 475 of 1954.
By numberification issued on 16 2 1952 the Act came into force on 18 2 1952.
C. Chatterjee, Ganpat Rai and S. K. Kapur, with him , for the Petitioners in Petitions Nos.
On 21 1 1952 the President with held his assent from the Bill, and in companymunicating this decision, the Deputy Secretary to the Government of India informed the Rajasthan Government that if certain amendments were made in the Bill as presented and a fresh Bill submitted, the President would be willing to reconsider the matter.
Thereafter, the territory was put under the charge of a British superintendent and latterly of the Resident at Jodhpur.
Vide report, page 62 .
The history of this legislation may be briefly stated.
over various parts of Hindusthan were companypelled by pressure from the victorious Muhammadan invaders to retreat to the regions to the southwest guarded by the Aravali Hills and interspersed with deserts which if less hospitable were also less vulnerable, and there established several independent kingdoms.
C. Chatterji and Ganpat Rai, for the Petitioner in Petition No.
L. Mehta, for the Petitioner in Petition No.
Achhru Ram, Ganpat Rai, with him , for the Petitioner in Petition No.
391 of 1954.
Thereafter, they companytinued to hold lands subject to the payment of this tribute, and came to be known as Bhomicharas.
The area companytinued to be distracted by disputes and dissensions among its leaders, and fell into so much anarchy and companyfusion that in 1835 the British had to intervene to restore order.
354, 362,382 to 385, 511 to 516, 519, 537, 541, 543 to 547, 550, 553, 556, 558 to 562, 570, 573 to 575, 582 to 584, 587, 588, 593 to 595, 597, 602, 603, 607 to 609, 613, 614, 616 to 619, 626, 628, 631 to 633, 637, 640 to 642, 644, 645, 653, 657 to 659, 661, 662 6795 684 to 688 of 1954 and 2 to 7, 9 to 14, 21, 25 to 27, 35, 37, 45, 47, 49, 52, 55 57, 63 and 65 of 1955.
36 of 1955.
381, 387, 388, 402 to 410, 412, 413, 418 to 423 425, 426, 428 to 454, 456 to 459, 464 to 466, 477, 478, 486, 503, 510, 520, 548, 552, 557, 572, 580, 600, 624, 639, 668 of 1954 and 8 and 17 of 1955.
467 and 555 of 1954.
VI of 1952, hereinafter referred to as the Act.
Dr. Bakshi Tek Chand, O. C. Chatterjee and K. L. Mehta, with him for the petitioners in Petitions Nos.
B. Dadachanji and Rajinder Narain, for the Petitioners in Petitions Nos.
During the 12th and 13th Centuries, the Rajput rulers who were then reigning A.I.R. 1954 Rajasthan 291.
The number of States which had been recognised as independent prior to 15 8 1947 was 552 excluding Hyderabad, Junagadh and Kashmir.
Some two centuries later, a section of the Rathors beaded by Biram Deo who was the younger brother of Mallinath, the ruling prince of Mallani, expanded eastwards, and established the kingdom of Jodhpur.
Their internecine disputes led to the intervention of Jodhpur which had grown to be a powerful kingdom, and they were companypelled to accept its ruler as their suzerain and to pay him an annual tribute of Rs.
In accordance with these suggestions, a fresh Bill was prepared in the Ministerial Department incorporating certain amendments, and it was approved by the Rajpramukh on 8 2 1952, and reserved for the companysideration of the President, who gave his assent to it on 13 2 1952.
By its report dated 18 12 1949 the Committee recommended inter alia the resumption of jagirs and payment of rehabilitation grants in certain cases.
Achhru Ram, Naunit Lal, with him for the Petitioner in Petition No.
K. Kapur and Ganpat Rai, for the Petitioners in Petitions Nos.
1 and 61 of 1955.
The question of legislation on the subject was taken up by the Government of Rajasthan in 1951, and eventually a Bill called the Rajasthan Land Reforms and Resumption of Jagirs Bill was prepared, and on 31 12 1951 it was approved by the Rajpramukh and reserved for the companysideration of the President.
ORIGINAL JURISDICTION Petitions Nos.
Dr. Bakshi Tek Chand, O. C. Chatterjee and Naunit Lal, with him , for the Petitioners in Petitions Nos.
401, 414 460 5023 518, 535 and 539 of 1954.
488 of 1954 The petitioners are interested in two of the villages, Dadia Rampur and Tapiplya companyprised in the izara of Khandela of the year 1836, which forms the subject matter of Petition No.
April 15.
424 of 1954.
While a few of them were sufficiently large to be able to function as separate States, many of them were too small to be administered as distinct units.
K. Rastogi and Ganpat Rai, for the Petitioners in Petitions Nos.
K. Rastogi and K. L. Mehta, for the Petitioner in Petition No.
M. Trivedi, Ganpat Rai, with him , for the Petitioners in Petitions Nos.
Naunit Lal, for the Petitioners in Petitions Nos.
411 and 675 of 1954.
615 of 1954 and 20 of 1955.
462, 536, 549, 579, 630, 638 and 654 of 1954.
473, 479, 490, 527, 528, 554 and 581 of 1954 and Nos.
392 of 1954.
355, 371, 375, 379, 416, 455, 468, 483, 485, 488, 491, 493 to 497, 517, 525, 529, 538, 540, 542 and 551 of 1954.
56 and 64 of 1955.
55 and 65 of 1955.
392 of 1954, and their title rests on Chhut Bhayas or sub grant from the izaradar.
The elder branch which companytinued in Mallani, Yeshwantpura and Sanchora gradually sank in power.
634 of 1954.
629, 643, 672 of 1954 and 66 of 1955.
Dr. Bakshi Tek Chand, Ganpat Rai, with him , for the Petitioners in Petitions Nos.
L. Mordia and K. L. Mehta for the Petitioners in Petitions Nos.
427 and 461 of 1954.
The Judgment of the Court was delivered by VENKATARAMA AYYAR J. These are applications under Article 32 of the Constitution impugning the validity of the Rajasthan Land Reforms and Resumption of Jagirs Act No.
356 to 359, 370, 372, 373, 374, 376 to 378, 380,, 389, 390, 393 to 400, 415, 4175 463, 469, 482, 484, 521, 563, 577, 578, 586, 592, 606, 610, 627 and 656 of 1954.
Frank Anthony and K. L. Mehta, for the Petitioners in Petitions Nos.
Frank Anthony and Ganpat Rai, for the Petitioners in Petitions Nos.
The annual tribute was, during this period, companylected by the British and paid to the Jodhpur State.
On 20 8 1949 the Government of India appointed a Committee presided over by Sri C. S. Venkatachar to examine and report on the jagirdari and land tenures in Rajputana and Madhya Bharat, the object avowedly being to effect land reforms so as to establish direct relationship between the State and the tillers of the soil and to eliminate all intermediaries between them.
Section 21 1 of the Act provides that As soon as may be after the companymencement of this Act, the Government may by numberification in the Rajasthan Gazette, appoint a date for the resumption of any class of jagir lands and different dates may be appointed for different classes of jagir lands.
The problem of fitting them within the framework of the Indian Constitution was beset with companysiderable difficulties.
Its history goes back to the year 1212 A.D. when the clan of Rathors led by Rao Siaji, grandson of King Jayachander of Kanouj invaded Rajputana, subjugated the territories number known as Mallani, Yeshwantpura and Sanchora and established itself there.
The descendants of Mallinath went on partitioning the lands treating them as their personal properties and the principality thus came to be broken up into fragments, and its holders became weak and disunited.
P. Gupta, for the Petitioners in Petitions Nos.
It should be remembered that they had entered into a treaty of alliance with Jodhpur in 1818, and their intervention was presumably by virtue of their obligations under the treaty.
