BERI, J.—This appeal and other 285 appeals detailed in Schedule A under sec. 18 of the Rajasthan High Court Ordinance are directed against the judgment of the learned Single Judge of this court dated 18-4-1972 holding that they never acquired any khatedari rights in the agricultural holdings in dispute.

2. The circumstances which it is necessary to notice for the disposal of these appeals briefly stated are these : In the erstwhile State of Bikaner there were two Jagirs called Chhattargarh and Sattasar. Under the Rajasthan Land Reforms and Resumption of Jagirs Act (Act VI of 1952) these Jagirs were resumed on 1-7-1954, and 15-8-1954 respectively. It is alleged by the petitioners-appellants that prior to the resumption the Jagirdars had admitted them as tenants in their respective agricultural holdings on the rates of rent prevailing in the former State of Bikaner. After resumption the appellants contend that the State of Rajasthan entered the appellants names in the Revenue Record-Dhalband and continued to collect rents from them.

3. On October 15, 1955 the Rajasthan Tenancy Act, 1955 (hereinafter called "the Tenancy Act") came into force. Under sec. 15 thereof any person who was a tenant became a Khatedar tenant entitled to the rights under the Tenancy Act and the appellants claim that they acquired such rights. On March 17, 1958 however, sec. 15 A was added to the Tenancy Act and it ordained that no Khatedari rights would ever be deemed to have accrued to any occupant of land in the Rajasthan Canal Area on any terms whatsoever notwithstanding anything contained in any law or document or in the Act and such lands shall be deemed to have been let out only temporarily. Sec. 15-A was clearly retrospective.

4. Some of tenants of the former Bikaner State challenged the validity of sec. 15 A of the Tenancy Act before this Court and by its judgment dated 18-7-1972 it declared (Jassuram vs. State AIR 1963 Rajasthan, 72) that the Khatedari rights under sec. 15 amounted to property which belonged to the petitioner and an acquisition of those rights under sec. 15 A offended Art. 31(2) of the Constitution and was ultra vires.

5. By the 17th Amendment Act, 1964 of the Constitution, which came into force on the 23th June, 1964, the Tenancy Act was included as item No. 55 (with an Explanation added thereto) in the 9th Schedule of the Constitution which inclusions imparted the Act an immunity from attack under Art. 31-B of the Constitution.

6. The State of Rajasthan began to treat the appellants as unauthorised occupants and the authorities issued notices to some of the appellants under sec. 91 of the Rajasthan Land Revenue Act (hereinafter called "the Revenue Act") and ordered the attachment of appellants5 crop under secs. 22 24 of the Rajasthan Colonisation Act (hereinafter called "the Colonisation Act").

7. The appellants contested the action of the State of Rajasthan and the Coloni-zalion Authorities; the eight respondents named in the writ petitions under Art. 226 and 227 of the Constitution of India, inter alia on the grounds that the appellants were Khatedar tenants and could not be described as unauthorised occupants; that they became Khatedar tenants prior to the enactment of sec. 15-A of the Tenancy Act; that sec. 15-A contravenes Art. 31 and 2nd proviso of Art. 31-A(1) because it does not provide any compensation much less compensation at the rate of market value; that the object of taking away the lands from the appellants was not a public purpose because the said lands were being sold at exorbitant prices and, therefore, an appropriate writ may be issued quashing the orders of the Deputy Commissioner Colonization and restraining the respondents from interfering with the appellants possession and then standing crops.

8. The State of Rajasthan contested the appellants writ petitions saying that till the formation of the State of Rajasthan there were only proposals for the Rajasthan Canal Project but in or about the year 1957 the Project

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