KAILASH CHANDRA JOSHI, ARUN MISHRA
VA Friendship Solar Park Pvt. Ltd. – Appellant
Versus
State of Rajasthan – Respondent
2. In the writ petition, petitioner has prayed for declaring Section 42(b) of the Rajasthan Tenancy Act, 1955 as ultra vires of the Constitution of India. Prayer has been made to set aside the order dated 2.2.2011. Consequential relief of mutation of the name of the petitioner in the revenue record has also been made.
3. Section 42(b) of the Rajasthan Tenancy Act prohibits sale, gift or bequest by khatedar tenant member of Scheduled Caste in favour of a person who is not a member of the Scheduled Caste, or by a member of Scheduled tribe in favour of a person who is not a member of the Scheduled Tribe. Such a transaction is declared to be void. It is averred on the petition that petitioner is a private limited company. It is involved in the generation of any kind of energy like solar energy and to set up power plants and other facilities for generation of power from solar energy.
4. The petitioner intended to participate in the proposed scheme to be floated by NTPC Vidyut Vyapar Nigam Ltd. (NVVN) under the Jawaharlal Nehru National Solar Mission. Requisite permission has been obtained. However, bidders need to provide evidence wit
Manchegowda & Ors. vs. State of Karnataka & Ors. ((1984) 3 SCC 301) 9
Lincai Gamango & Ors. vs. Dayanidhi Jena & Ors. (AIR 2004 SC 3457) 10
Amrendra Pratap Singh vs. Tej Bahadur Prajapati & ors. (AIR 2004 SC 3782) 11
State of Madhya Pradesh vs. Babu Lal and Ors. ((1977) 2 SCC 435) 12
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