T.L.VENKATARAMA AYYAR, SYED JAFAR IMAM, N.CHANDRASHEKAR AIYAR, N.H.BHAGWATI, S.R.DASS
Kiship Singh, Others. – Appellant
Versus
State Of Rajasthan – Respondent
Judgment
VENKATARAMA AYYAR, J. : These are applications under Art. 32 of the Constitution by certain jagirdars of Marwar, challenging the constitutionality of Ss. 81 to 86, Marwar Land Revenue Act 40 of 1949 (hereinafter referred to as the Act) on the ground that they infringe the fundamental rights of the petitioners under Article 14, Article 19 (1) (f) and Article 31 (2) of the Constitution. These sections provide for fixing fair and equitable rent payable by the tenants and prescribe the procedure to be followed therefor.
Section 81 of the Act provides that when any local area has been brought under settlement operations by a notification under S. 64, the Settlement Officer or an Assistant Settlement Officer shall inspect every village in the local area, divide it into soil-classes and assessment circles, select rent-rates for the area and publish them in such manner as may be prescribed.
If objections to these proposals are received, he has to consider them, and submit his report to the Board of Revenue. The Board has the power to sanction the proposals with or without any modifications, and it has also the power to direct further enquiry into the matters.
With a view to arriving a
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