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2000 Supreme(Raj) 243

S.K.GARG
Asuram – Appellant
Versus
Tehsildar – Respondent


Advocates Appeared:
S.N. Sharma, for the Appellant
S. S. Purohit and Dinesh Maheshwari, for the Respondents

Judgment

S.K. Garg, J.-Since all these four writ petitions raise common question of law and facts and, therefore, they were heard together and are being disposed of by a common order.

2. In these writ petitions, a prayer has been made to declare Sub-section (4) of Section 14 of the Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act. 1974 (for short ‘the Act’) ultra vires of Sub-section (1) of Section 14 of the Act, which restricts the sphere of transfer of land acquired by the Creditor Bank from the Debtors who are members of SC/ST. to the members of SC/ST only. The question regarding jurisdiction of review Court to interfere with the interim order passed by the Prescribed Authority under Section 13 of the Act has also been raised. The controversy as arisen in the context is that the Bank in question has after obtaining an order under Section 13 of the Act either auctioned the land in question or transferred the same after acquisition under Section 14 of the Act to a buyer who is not a member of SC/ST. The petitioners in these writ petitions are such buyers of the land from the Bank and in all these cases, the Tehsildar who has earlier made the order as Prescrib















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