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1954 Supreme(Raj) 106

MODI, WANCHOO
Prabuda – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Murlimanohar, for Petitioners; Chandmal, for Non-Petitioner No.7; L.N. Chhangani, Government Advocate

WANCHOO, C.J.—There are two connected applications by Prabuda and others (No.l), and Khemla and others (No. 2) for the issue of a writ of certiorari or any other writ direction or order against the State of Rajasthan, the Collector of Nagaur, and other Revenue Authorities. As the point raised in the two casts are exactly the same, we shall decide them by one judgment.

2. The case of the applicants is briefly this—

The applicants are tenants in two villages namely, Khakarki and Nokha. It seems that there was a dispute between the applicants and the jagirdars about the collection of jagirdars share of crops as rent for Rabi 1951. Proceedings under sec. 78 of the Marwar Tenancy Act (hereinafter called the Marwar Act) were taken by the jagirdars for realization of their share of the produce. Before, however, these proceedings could come to an end, a notification No. F4(74). Rev. 1/51, dated 22.2.51, under sec. 85 of the Marwar Act, was issued by the (Government of Rajasthan, and published in the Gazette, dated the 3rd of March, 1951. This notification related to 24 villages including Khakarki and Nokha. The notification said that it had been made to appear that the cultivators of these 2





























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