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Madan Singh and ors. Vs. Collector Sikar - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtRajasthan High Court
Decided On
Case NumberWrit Petn. No. 19 of 1952
Judge
Reported inAIR1954Raj104
ActsJaipur District Boards Act, 1947 - Sections 4A, 11, 16(2), 31 and 59; Code of Civil Procedure (CPC) , 1908; Jaipur District Boards (Amendment) Act, 1952 - Sections 4A and 48; Jaipur District Boards (Amendment) Ordinance, 1952; Constitution of India - Articles 14 and 226
AppellantMadan Singh and ors.
RespondentCollector Sikar
Appellant Advocate J.B.L. Saxena,; H.P. Gupta,; C.M. Mathur,;
Respondent Advocate C.B. Bhargava, Dy. Govt. Adv. and; D.M. Bhandari, Adv.
DispositionPetitions dismissed
Excerpt:
- - after the present rajasthan state came into being the district board of sikar and tonk as well as of jaipur, sawai madhopur and jhunjhunu proceeded to realise the cess from the petitioners of petitions nos......boards were constituted, one for each of the following districts of the then jaipur state;1. sawai jaipur.2. sawai madhopur.3. jhunjhunu.4. malpura.7. after the merger of the then jaipur state with the present state of rajasthan, the district of malpura was abolished and its area was divided between the newly formed districts of tonk and sikar. resolutions had been passed by the dis-tricb boards of jaipur, jhunjhunu, sawai madhopur and malpura when the former jaipur state was in existence for the levying of the cess in accordance with section 31 of the act. after the present rajasthan state came into being the district board of sikar and tonk as well as of jaipur, sawai madhopur and jhunjhunu proceeded to realise the cess from the petitioners of petitions nos. 19, 20, 22, 28, 29......
Judgment:

Sharma, J.

1. These are 105 petitions filed by various state grantees and cultivators of the territories included in the former Jaipur State, which have now been included in the Districts of Jaipur, Jhunjhunu, Sawai Madhopur, Sikar and Tonk of the present State of Rajasthan. In the year 1947 the then Jaipur State passed an Act known as the Jaipur District Boards Act, 1947 (hereinafter to be referred to as the Act). This Act came into force on ' 3-10-1947.

2. Section 3 of the Act provided as follows:

'(3) (i) There shall be one Board of everyDistrict or any area which the Government mayby notification in the Jaipur Gazette, declare.The jurisdiction of the Board shall not extendto Town Municipalities.'

(ii) Every Board shall be a body corporate by the name of 'the (name of district) district board' and shall have perpetual succession and a common seal and shall be vested with the capacity of suing and being sued in its corporate name, of acquiring, holding and transferring property, moveable or immovable, and of entering into contracts.'

3. Under Section 4 of the Act every Board was to consist of (a) elected members and (b) such persons as might be nominated by the Government. It was also provided in the said section that the number of elected members was not to be less than two-thirds of the whole Board.

4. On 4-10-1948 while the erstwhile Jaipur State was still in existence an amendment was passed by which a new Section (Section 4-A) was added to the Act and it ran as follows:

'4-A (1) The Government may, pending the formation of the Board under Section 4, constitute provisionally for any area a Board consisting wholly of members nominated by the Government.

(2) The term of a Board constituted under Sub-section (1) shall be two years or until a Board consisting of both elected and nominated members is formed under Section 4, whichever period may be less.'

5. By Section 2 (6) of the Amendment Act which will hereinafter be referred to as the First Amendment Act 'District' was denned as follows:

'District' means a district constituted under Sections 18 and 19 of the Jaipur Land Revenue Act, 1947, and includes any area which the-Government may, by notification in the Jaipur Rajpatra declare to be a district for the purposes of this Act, but does not include any portion thereof which is a municipality under the Jaipur State Town Municipalities Act, 1943, or the City of Jaipur Municipal Act, 1943.'

6. In accordance with the Act four District Boards were constituted, one for each of the following Districts of the then Jaipur State;

1. Sawai Jaipur.

2. Sawai Madhopur.

3. Jhunjhunu.

4. Malpura.

7. After the merger of the then Jaipur State with the present State of Rajasthan, the District of Malpura was abolished and its area was divided between the newly formed Districts of Tonk and Sikar. Resolutions had been passed by the Dis-tricb Boards of Jaipur, Jhunjhunu, Sawai Madhopur and Malpura when the former Jaipur State was in existence for the levying of the cess in accordance with Section 31 of the Act. After the present Rajasthan State came into being the District Board of Sikar and Tonk as well as of Jaipur, Sawai Madhopur and Jhunjhunu proceeded to realise the cess from the petitioners of petitions Nos. 19, 20, 22, 28, 29. 30, 33, 35, 38, 37, 45, 52, 53, 57, 60, 61, 62, 67, 68, 69, 71, 72, 81, 84, 85, 86, 87, 89, 92, 104, 105, 109, 111, 114, 117, 122, 123, 126, 127, 132, 148, 149, 153 and 162 of 1952. They filed these petitions in this Court under Article 226 of the Constitution of India for a writ of 'certiorari', 'prohibition', 'quo-warranto', 'mandamus' or any other appropriate order or direction against the collectors of each of these five Districts, Tahsildars of the Tahsils concerned, and the District Board concerned. For the sake of brevity, I will call all these petitions collectively petitions of Group A in this judgment and shall further sub-divide them District Board-wise into the following sub-groups of Group A:

1. District Board Jaipur

SUB-GROUP A-


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