A.ALAGIRISWAMI, P.K.GOSWAMI, P.N.BHAGWATI
Jaila Singh – Appellant
Versus
State Of Rajasthan – Respondent
Judgment
A. ALAGIRISWAMI, J.:- These appeals raise the question of the validity of certain rules made under the Rajasthan Colonisation Act. 1954. The facts necessary for the decision of this case are as follows:
2. Jaila Singh, the appellant in Civil Appeal No. 1704 of 1974, was allotted 50 bighas of uncommand land, in the years 1956-57 and 1957-58 in the Ganganagar District of the Rajasthan State. The area in which the land is situated was declared, a Colony Area of the Rajasthan Canal project under the Act in 1960. In 1967 the Rajasthan Colonisation (Rajasthan Canal Project Government Land Allotment and Sale) Rules, 1967 were promulgated and applications were invited for allotment of land under those rules. Jaila Singh s application for allotment was disposed of on 27- l2-1969 by allotting 14 bighas and 14 biswas of land on permanent basis. These 1967 Rules were the subject matter of certain writ petitions before the Rajasthan High Court which ended with the decision of that Court in State v. Ramdhan (AIR 1973 Raj 71) striking down certain of those Rules.Thereafter two sets of Rules called respectively Rajasthan Colonisation (Rajasthan Canal Project Pre-1955 Temporary Tenants "Go
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