( 1 ) THE following question has been referred by a learned single Judge of this court:--

"whehter Section 15-A of the Rajasthan Tenancy Act 1955, can be declared as unconstitutional or void as being violative of Article 31a (1)or 19 (1) (F) and 31b of the Constitution despite the amendment of schedule 9 of the Constitution of India by the Constitution (Seventeenth Amendment) Act. 1964?"

The case of the petitioners is that they were temporary cultivators of land situated in the Rajasthan Canal Area and became Khatedar tenants on the coming into force of the Rajasthan Tenancy Act. They further assert that their Khatedari rights cannot be extinguished by Section 15-A of the Rajasthan. Tenancy Act, which runs as follows:-

"15-A. Khatedari rights not to accrue in Rajasthan Canal Area.-- (1)Notwithstanding anything contained in Section 13 or in Sub-section (1)of Section 15 of this Act or in any other law for the time being in force, or in any lease, patta or other document, land in the Rajasthan Canal area leased out on any terms whatsoever shall be deemed to have been let out temporarily within the meaning of the proviso to the said subsection of the said Section 15 of this Act