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1988 Supreme(Raj) 335

J.S.VERMA, N.C.KOCHHAR
Jani Bai – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
M. Mridul, for the Appellant
J.P. Joshi, Additional Advocate General for the Respondents

Judgment

J.S. Verma, CJ.-This appeal is against the common judgment of a learned Single Judge in a bunch of writ petitions by which the writ petitions were partly allowed. The common judgment is Jani Bai vs. State of Rajasthan, ILR (1980) 30 Raj 306. The State has preferred appeals against the relief granted in the writ petitions while the petitioners have preferred appeals against refusal of remaining reliefs. One similar writ petition has also been connected with these matters. All these matters are, therefore, disposed of by this common judgment.

2. At the hearing of the above matters only two points were raised. We shall mention these points before

stating the material facts and the statutory provisions on which these points arise. The first point relates to the validity of the expression “since before 1st day of April. 1955” occurring in Rule 7(2) and Rule 2(xv) of the Rajasthan Colonisation (Allotment and Sale of Government Land in the Rajasthan Canal Colony Area) Rules, 1975 which has been struck down as violative of Article 14 of the Constitution by the learned Single Judge. The other point relates to the construction of Rule 4(4) and Rule 13(5)(b) of the 1975 Rules relating




















































































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