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1954 Supreme(Raj) 10

WANCHOO, SHARMA
MADHOSINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
H.P.GUPTA, K.S.HAJELA, R.C.VYAS

Judgment


WANCHOO, C. J.

( 1 ) THESE are connected applications under Article 226 of the Constitution of India challenging the validity of the Rajasthan Agricultural Rents Control Act (No. XIX) of 1952.

( 2 ) THE Act was passed on 14-5-1952, and was enforced in the Districts of bharatpur and Alwar on 16-5-1952. The main contentions of the applicants are that the Act was void in view of Article 13 of the Constitution because (1) it offends Article 14, and (2) is not a reasonable restriction on the fundamental right conferred on the applicants by Article 19 (1) (f), and cannot therefore be saved by article 19 (5) of the Constitution.

( 3 ) THE applications have been opposed by the State, and it is contended that the act is not hit by Article 14, and is saved by Article 19 (5) as a reasonable restriction on the fundamental right conferred by Article 19 (1) (f) of the constitution.

( 4 ) THE main argument, however has been confined to Article 14 and is directed against section 1 (3) of the Act. It may be mentioned that the Act, as it stands, is a permanent measure, and by section 1, Sub-section (2) it extends to the whole of rajasthan. Sub-section (3), however, reads as follows: "it




















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