JUDGMENT
A.K. Mathur, J.
1. All these writ petitions mentioned in the schedule appended to this order are disposed of by this common order as they involve common question of law.
2. For the convenient disposal of all these writ petitions, the facts of D.B. Civil Writ Petition No. 1865 of 1985, Ram Karan v. State of Rajasthan and Ors. are taken into consideration.
3. The petitioners are citizens of India and are residents of Chak No. 13 B.L.D. Tehsil Anupgarh District Sri Ganganagar. 47.11 bighas of land comprising in Murabba No. 118/408 and 317/409 in Chak 12 B.L.D. and 13 B.L.D. respectively District Sri Ganganagar came to be allotted to the petitioners by way of temporary cultivation lease. Thereafter, by the order dated 13.9.1971 the respondent No. 3 allotted 24.10 bighas of land comprising murabba No. 217/409 to the petitioner on permanent basis under the provisions of the Rajasthan Colonisation (Allotment of Government Land to Post 1985 temporary cultivation Lease 1 Holders and other Landless Persons in the Rajasthan Canal Project Area), Rules 1971 (hereinafter referred to as the ‘Rules of 1971’) and order for resumption of the land comprising in Murabba No. 218/408 came to be made by the order dated 13.9.1971. This order came to be challenged by the petitioner by filing a writ petition before this Court and by other similar writ petitions, filed by other similarly situated persons. But those writ petition were dismissed. Against the same appeal were also preferred but they were also dismissed. Ultimately the challenge to the aforesaid rules succeeded before the Hon’ble Supreme Court of India in Jaila Singh and Anr. v. State of Rajasthan and Ors. and the said Rules came to be struck down. The petitioners were, however, continued in possession of the land because the Government could not frame the Rules and they directed them to continue. The petitioners were sought to be evicted Under Section 91(3) of the Rajasthan Land Revenue Act. But some how they remained in possession. The petitioner applied for allotment of 25 bighas of land comprising in Murabba No. 218/408. However, this application was rejected by the order dated 18.2.1981.
4. Mean while, the Government framed the Rules known as Rajasthan Colonisation (Allotment and Sale of Government Land in the Rajasthan Canal Colony Area) Rules, 1975 (hereinafter referred to as ‘the rules of 1975’). The Government also amended the provisions of the Rajasthan Tenancy Act, 1955 (referred to hereinafter as ‘the Act of 1955’) and the Government came forward with the Rajasthan Tenancy (Amendment) Act, 1979 (hereinafter called ‘the Act of 1979’). By virtue of the Amendment Act of 1979 a new Section 15-AAA was sought to be inserted in the Act engrafting an exception to Section 15-A of the Rajasthan Tenancy Act. Then, again the Government came forward with the Rajasthan Tenancy (Amendment) Act, 1983 (hereinafter referred to as ‘the Amending Act of 1983’). By this amendment Act of 1983 new Sub-sections were added to Section 15-AAA; namely, Sub-sections (3), (4) and (5). The petitioner by this writ petition has challenged the provisions of the Amendment Act of 1983 to the limited extent that the expression used in Sub-section (3) of Section 15-AAA i.e. ‘commencement of this Act’ should be struck down, on the envil of Article 14 of the Constitution of India.
5. In order to appreciate the arguments of the learned Counsel, it will be necessary to refer to some of the provisions of the Act of 1955. The Rajasthan Tenancy Act, 1955 came into force on 15.10.1955. Section 5(43) defines a ‘tenant’ which reads as under:
5(43). “tenant” shall mean the person by whom rent is, or, but for a contract, express or implied, would be, payable and, except when the contrary intention appeard, shall include–
(a) in the Abu area, a permanent tenant or a protected tenant.
(b) in the Ajmer area, an ex-proprietary tenant or-ordinary tenant or a herediatary tenant or a non-occupancy tenant or a Bhooswami or a Kashtkar.
(c) in the Sunel area, an ex-proprietary tenant or a pakka tenant or an ordinary tenant,
(d) a co-tenant,
(e) a grove holder,
(f) a village servant,
(ff) a tenant holding from a land owner,
(g) a tenant of khudkasht,
(h) a mortgagee of tenancy rights, and
(i) a sub-tenant,
But shall not include a grantee at a favourable rate of rent or an ijaredar or a thekadar of a trespasser.
6. Section 13 lays down the conferment of the khatedari rights on the abolition of the estate. Section 13 reads as under:
13. Khatedari rights upon resumption (or abolition)–On the resumption (or abolition) of an estate under any law in force in the whole or any part of the State, the estate-holder holding khudkasht shall become a khatedar tenant thereof and shall be entitled to all the rights conferred, and be subject to all the liabilities imposed, on a khatedar tenant by or under this Act:
Provided that the Zamindar or Biswedar holding khudkasht land on the abolition of this estate under the Raj. Zamindari and Biswedari Abolition Act, 1959, shall become the Malik of such khudkasht land and shall be entitled to all the rights conferred and to be subject to all the liabilities imposed on a khatedar tenant by or under this Act.”
7. Section 15 confers the khatedari tenancy on the persons who at the commencement of this Act have been admitted as tenant otherwise than as a sub-tenant or a tenant of khudkasht. There is a proviso to Sub-section (1) also which lays down that no khatedari rights shall accrue under this section to any tenant to whom land has been let out temporarily in gang Canal, Bhakra, Chambal or Jawai project area or any other area notified in this behalf by the State Government. Section 15 reads as under:
15. Khatedar tenants- (1) Subject to the provisions of Section 16 and clause (d) of Sub-section (1) of Section 180 every person who, at the commencement of this Act, is a tenant of land otherwise than as a sub-tenant or a tenant of khudkasht or who is, after the commencement of this Act, admitted as a tenant otherwise than as a sub-tenant or tenant of Khudkasht or an allottee of land under, and in accordance with, rules made Under Section 101 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956) or who acquires khatedari rights in accordance with provisions of this Act or of the Rajasthan Land Reforms and Resumption of Jagir Act, 1952 (Rajasthan Act VI of 1952), or of any other law for the time being in force shall be a khatedar tenant and shall, subject to the provision of this Act be entitled to all the rights conferred; and be subject to all the liabilities imposed on khatedar tenants by this Act:
Provided that no Khatedari rights shall accrue under this section to any tenant, to whom land is or has been let out temporarily in Gang Canal, Bhakra, Chambal or Jawai project area or any other area notified in this behalf by the State Government.
(2) Notwithstanding anything contained in Sub-section (1), khatedari rights shall not accrue thereunder to any person to whom land had been let out before the commencement of this Act by the State Government in furtherance of the “Grow More Food Campaign” or under some special order subject to some specified conditions or in persuance of some statutory or non-statutory rules and who shall have, before such commencement, made a default in securing the objective of such campaign or a breach of any such order, condition or rule.
(3) Any person referred to in Sub-section (2) may, within three years from the date of commencement of this Act and on payment of a court fee of twenty five naye paise apply to the Assistant Collector having jurisdiction praying for a declaration that he acquired khatedari right Under Sub-section (1) in the land held by him.
(4) such application may be made on any of the following grounds, merely,
(a) that the land held by him was let out to him after the commencement of this Act;
(b) that it was not let out to him in any of the circumstances specified in Sub-section (2);
(c) that when the land was so let out to him he was not apprised of such circumstances;
(d) that he had, before such commencement, made no default or breach of the nature specified in Sub-section (2).
(5) The Assistant Collector shall, upon the presentation of an application Under Sub-section (3), make inquiry in the prescribed manner and afford reasonable opportunity to the applicant of being heard and shall, if he does not reject the application, declare the applicant to have become khatedar tenant of his holding in accordance with and subject to the provisions of the Sub-section (1).”
8. Section 15-A lays down that no khatedari rights shall accrue in the Rajasthan Canal Area. Then, there is Section 15-AA with which we are not concerned in the present controversy. Section 15-AAA deals with the accrual of the Khatedari rights in the Rajasthan Canal Area. Section 15-AAA reads as under:
15 AAA. Accrual of Khatedari Rights in the Rajasthan Canal Area-(1) Notwithstanding anything contained in Section 15-A, any person who, at the commencement of this Act-
(a) was a holder of khudkasht or an occupancy tenantor a Maurusidar or a Khatedar tenant or a tenant with transferable and heritable rights and was recorded as such in the annual registers then current, or
(b) was not so recorded, but was a holder of khudkasht or an occupancy tenant or a Maurusidar or a Khatedar tenant or a tenant with transferable and heritable rights, shall, as from the date of the commencement of this Act, be entitled to all the rights, and subject to all the liabilities, of a Khatedar tenant under this Act.
(2) Every person claiming that the rights mentioned in clause (b) of Sub-section (1) accrued to him shall, within one year of the commencement of the Rajasthan Tenancy (Amendment) Act, 1979 and on the payment of a court fee of fifty paisa, apply to the Assistant Collector having jurisdiction, or to any other authority as may be prescribed by the State Government from time to time, for a declaration that the acquired Khatedari rights Under Clause (b) of Sub-section (1) in the land held by him and the provisions of Sub-section (5) of Section 15 shall apply to such application.
(3) Notwithstanding anything contained in Sub-section (1) of Section 15-A and save as otherwise provided in Sub-section (1) any person who, at the commencement of this Act:
(a) was a tenant of land otherwise than as a sub-tenant of a tenant of Khudkasht and was recorded as such in the annual registered on current, or
(b) was not so recorded, but was a tenant of land otherwise than as a sub-tenant or tenant of Khudkasht, and was in continuous possession of the land as such tenant upto the date of commencement of the Rajasthan Tenancy (Amendment) Act, 1983 shall, an application been made in such form and in such manner as may be prescribed to the Assistant Collector having jurisdiction or to any other officers or authority authorised by the State Government in this behalf within 515 days of the date of commencement of the Rajasthan Tenancy (Amendment) Act, 1983, be granted khatedari rights in respect of the land in his tenancy upto the limit of the area which can be held by him under the provisions of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act, 11 of 1973), provided he pays to the State Government the reserve price for the land held by him in excess of 25 bighas of irrigated or 50 bighas of unirrigated land and upto the said limit at the rate prescribed Under Section 7 read with Section 28 of the Rajasthan Colonisation Act, 1954 (Rajasthan Act 27 of 1954) and in force on the date of commencement of Rajasthan Tenancy (Amendment) Act, 1983.
Explanation-I. For the purpose of grant of khatedari rights under this Sub-section, the expression “tenant” shall include his successor-in-interest but shall not include his transferred.
II. Where there are two or more co-tenants in holding on the date of commencement of the Rajasthan Tenancy (Amendment) Act, 1983, all such co-tenants shall, for the purpose of grant of khatedari rights with respect to the area of land for which reserve price is to be charged be deemed to be the sole tenant in that area of the holding.
(4) Subject to such rules as may be made by the State Government, the Reserve price payable Under Sub-section (3) may be paid by the tenant in sixteen equal instalments of which the first instalment shall be paid alongwith the application under the said Sub-section and the remaining instalments shall, thereafter, be payable on the 1st day of January and 1st day of July of each succeeding year until the entire amount of reserve price is paid of:
Provided that where water from the Rajasthan Canal is released for irrigation for the first time, after the commencement of the Rajasthan Tenancy (Amendment) Ordinance, 1984, to the land in which Khatedari rights are granted Under Sub-section (3), the first instalment of Rs. 500/- shall be paid alongwith the application under the said Sub-section, and the remaining amount shall be payable in sixth equal instalments on the 1st day of January and 1st day of July of each succeeding year after the expiry of two years from the date of release of water to such land for irrigation:
Provided further that nothing in this Sub-section shall preclude the tenant from making payment of the whole or part reserve price earlier then that provided in this Sub-section.
(5) Notwithstanding anything contained in Sub-section (3), where a tenant pays to the State Government the entire reserve price in one lump sum within the period allowed for making an application under that Sub-section, the amount of reserve price payable by him shall be deemed to be 25% less than that provided therein.
(6) A tenant who fails to pay the reserve price in accordance with Sub-section (4) or Sub-section (5) shall not be entitled to the grant of Khatedari right Under Sub-section (3).
(7) All applications made by persons, other than those referred to in Sub-section (2) but falling within the purview of Sub-section (3), before the date of commencement of the Rajasthan Tenancy (Amendment) Act, 1983 for declaration or accrual of or for grant of Khatedari rights in the land held by them at the commencement of this act and pending before the Assistant Collector or before any other authority prescribed by the State Government Under Sub-section (2) on such date, shall be treatedas applications for the grant of khatedari rights and be deemed to have been made Under Sub-section (3) and shall be decided by the officer or authority mentioned in that Sub-section in accordance with the provisions contained in Sub-section (3) and Sub-section (8).
(8) Where a person claims himself to be a tenant of land as is referred to in Sub-section (3) but was not so recorded in the annual registers current at the commencement of this Act, the question whether he was such a tenant or not shall be decided on the basis of available evidence including the consensus opinion of the Gram Sabha, comprising of all adult persons presiding in the village where the land is situate, reduced into writing by the Assistant Collector or any other officer or authority competent under the said Sub-section to grant Khatedari rights.
9. Section 15-AAA was first came into force by the Act No. 16 of 1979 with effect from 29.12.1979. At that time Sub-sections (3), (4) and (5) were not there. Thereafter, in the year 1983 Sub-sections (3), (4) and (5) were added. Here, it will be necessary to refer to the back-ground in which all these provisions were inserted. While introducing Section 15-AAA by the Act No. 16 of 1979 the object and reasons for bringing this amendment were as under:
STATEMENT OF OBJECT & REASONS (ACT 16 of 1979)
The existing provisions 15A of the Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955) lay down that no khatedari rights shall accrue or shall be deemed over to have accrued in any land leased out in the Rajasthan Canal Area. At the time of the commencement of the Rajasthan Tenancy Act, there were various classes of tenants in this area who had heritable and transferable rights in the land held by them. It is considered just and appropriate that the rights of such classes of tenants as had heritable and transferable rights in the land should be recognised as Khatedari rights for all the purposes of the said Act.
10. Thereafter, Section 15-AAA was inserted by the Amendment Act No. 11 of 1983 which came into force with effect from 4.8.1983. The object and reasons for introducing this Amendment in the act reads as under:
STA TEMENT OF OBJECT AND REASONS
The Rajasthan Tenancy Act, 1955 came into force on 15th October, 1955. Section 15 of the said Act conferred, subject to the provisions of Section 16 and clause (d) of Sub-section (1) of Section 180 on every person who was on 15th October, 1955 a tenant of land otherwise than as a sub-tenant or a tenant of Khudkasht who on some other categories of persons, all the rights conferred and subjected to them with all the liabilities imposed on Khatedar tenants by the said Act. However, by the Rajasthan Act No. 6 of 1958, Section 15-A was inserted in the Act providing therein that notwithstanding anything contained in Sub-section (1) of Section 15 or in any other law or in any document, land in the Rajasthan Canal Area leased out on any terms shall be deemed to have been let out accordingly within the meaning of the proviso to Sub-section (1) of Section 15 and no khatedari rights shall accrue or shall be deemed over to have accrued in any such land leased out as aforesaid. Subsequently by Rajasthan Act No. 7 of 1960, Section 15-A was also given an over-riding effects on Section 13 of the said Act. Thus, Khatederi rights which were consider on various persons by Sub-section (1) of Section 15 and Section 13 of the said Act were taken away by Section 15-A in Rajasthan Canal Area and these persons were rendered as temporary tenants within the meaning of proviso to Sub-section (1) of Section 15. Similar provision was inserted by Rajasthan Act No. 12 of 1961 with respect to persons holding land within the Chambal Irrigation Project Area.
In order to meet with demands of persons who were deprived of Khatedari rights by virtue of Sub-section (1) of Section 15-A and in order to remove their difficulties Section 15-AAA was inserted in the Act by Section 20A Rajasthan Act No. 16 of 1979. This section, in substance, provided that notwithstanding
Section 15-AAA was first step in that direction introduced in the year 1979 and it provided tenancy right to certain class of persons, namely, holder of Khudkasht or an occupancy tenant or a Maurusidar or a Khatedar tenant or a tenant with transferable and heritable rights and was recorded as such in the annual registers then current or was not so recorded but was a holder of khudkasht or an occupancy tenant or a Maurusidar or a Khatedar tenant or a tenant with transferable and heritable rights. These classes of persons were recognised tenants by introducing Section 15-AAA and making an exception to Section 15-A of the Act. Thereafter, the new provisions came to be introduced i.e. Sub-sections (3) to (5) to Section 15-AAA in 1983 and thereby the legislature recognised certain more classes of persons as mentioned in Section 15-AAA 1(a) and (b) except a sub-tenant or a tenant of Khudkasht. But the condition was that they must be in possesion of the land at the time of the commencement of this Act i.e. Rajasthan Tenancy Act, 1955 and must in continuous possession of this land upto the date of the commencement of the Rajasthan Tenancy (Amendment) Act, 1983.
11. The argument of the learned Counsel is that this new provision i.e. Sub-section (3) is qualified with the expression ‘at the commencement of this Act’ should be deleted as the persons falling under clause i.e. (a) and (b) of Sub-section (1) of Section 15-AAA is similarly situated with Sub-section (3) of Section 15-AAA. This expression ‘at the commencement of this Act’ distinguishes them and there is no nexus to be achieved. Therefore, this should be struck down as violative of Article 14 of the Constitution of India. In this connection, learned Counsel has placed reliance on Jaila Singh’s case (supra).
12. Suffice it to say that a perusal of the objects and reasons of the Act of 1979, whereby Section 15-AAA was introduced, clearly lays down that certain persons who had khatedari rights when the Rajasthan Tenancy Act came into force in the Rajasthan Canal area were deprived of the same with the introduction of Section 15-A. Therefore, in order to restore that rights which existed at the commencement of the Rajasthan Tenancy Act which came into force on 15.10.1955, this Section 15-AAA was introduced’. By introducing Section 15-AAA by the Act No. 16 of 1979 certain clauses of persons as mentioned in clauses (a) and (b) of Sub-section (1) were recognised as Khatedar tenants. Here also, the expression ‘at the commencement of this Act’ only refers to the Act of 1955 i.e. Rajasthan Tenancy Act, 1955 which came into force on 15.10.1955. Section 1(1) of the Act of 1955 reads as under:
Short title, extent and commencement
(1) This Act may be called the Rajasthan Tenancy Act, 1955.
13. Therefore, whereever the expression ‘this Act’ occurs it will relate to the Rajasthan Tenancy Act, 1955. It is wrong to say that the expression ‘this Act’ should mean here the Act of 1979. If the legislature wanted that ‘this Act’ should be read as the Rajasthan Tenancy (Amendment) Act, 1979 then they would have definitely mentioned it specifically, as they have mentioned in Sub-section (2) of Section 15-AAA of the Act No. 16 of 1979. In Sub-section (2) they have clearly mentioned that ‘the commencement of the Rajasthan Tenancy (Amendment) Act, 1979. Thus, in this background the expression ‘this Act’ appearing in Sub-section (1) of Section 15-AAA of the Act No. 16 of 1979 would relate to the Rajasthan Tenancy Act, 1955. Similarly, when the Amending Act of 1983 came into force the similar phrasography and expressions were used in Sub-section (3) onwards. Here also, they used the expression ‘commencement of this Act’. Therefore, the expression ‘commencement of this Act’ would relate to the Rajasthan Tenancy Act, 1955. Likewise, in clause (b) of Sub-section (3) they have used the expression ‘commencement of the Rajasthan Tenancy (Amendment) Act, 1983. Therefore, it shows that if the legislature wanted that the commencement of this Act should mean the Rajasthan Tenancy (Amendment) Act, 1983 then there was noting to prevent them to have mentioned that specifically. In the absence of that, the expression ‘commencement of this Act’ wherever, it occurs in Section 15-AAA would mean the Act of 1955.
14. This is so because the idea behind it is that these persons who were tenant as defined in terms of Section 5(43) of the Act of 1955 on 15.10.1955 whose Khatedari rights have been deprived on account of Section 15-A were again recognised as Khatedar tenants looking to the pressing demand of those Khatedar tenants of that area by amending Act No. 16 of 1979. Thereafter, some more agriculturists further pressed the demand and the legislature in its wisdom thought it proper to confer khatedari rights to the remaining classes of persons who could not be covered by the Act No. 16 of 1979. Therefore, a need was felt to introduce the Act No.11 of 1983. By this amending Act Sub-sections (3) to (5) to Section 15-AAA were added. The idea behind it was that those persons who were Khatedar tenants at the commencement of the Rajasthan Tenancy Act, 1955 and continued in possession till the Act No. 11 of 1983 came into force shall also be recognised as Khatedar tenants excepting the sub-tenant or a tenant of Khudkasht. Therefore, the argument of the learned Counsel that the expression ‘at the commencement of this Act’ in ultra vires of Article 14 of the Constitution of India by the persons falling in clauses (a) and (b) of Sub-section (1) and persons falling in Sub-section (3) stands in similarl position and, therefore, the distinction which has been made by the State Legislature is not based on valid classification is not correct and it cannot be sustained. From the history of the legislation and objection and reasons, the only similarity in both class of persons is that both class of persons should be tenant when the Rajasthan Tenancy Act, 1955 came into force on 15.10.1955. The amendment Act of 1983, which came into force with effect from 4.8.1983, this introduced an additional condition that the incumbent must be in continuous possession when this Act of 1983 came into force. If the incumbents were not tenants when the Rajasthan Tenancy Act, 1955 came into force and continued to be in possession of the land till the Act of 1983 came into force than they, shall not be recognised as tenants. Thus, in order to take the benefit of the Amending Act of 1983 the incumbent must be tenant on 15.10.1955 and must be in continuous possession till the Amending Act of 1983 came into force. In case the incumbent fulfil both the conditions, then he can be recognised as a Khatedar tenant otherwise not.
15. The reference to Jaila Singh’s case (supra) has no relevance in the present case. In the case of Jaila Singh a distinction was sought to be made between pre and post 1955 tenants and in that context their Lordships of the Supreme Court observed that there is no rationale behind distinction between pre and post 1955 tenants, as such it was struck down.
16. But in the present case, the situation is entirely different. As already mentioned above, Section 15-AAA when it came into force by the Act No. 16 of 1979 there too also the condition was that the incumbent should be khatedar tenant on 15.10.1955 i.e. at the commencement of the Rajasthan Tenancy Act, 1955. Likewise a similar condition was also introduced in the Amendiang Act of 1983. Here also, it is clearly mentioned that the incumbent should be tenant at the commencement of this Act i.e. Rajasthan Tenancy Act, 1955 which came into force w.e.f.15.10.1955 and he must be in continuous possession till the Amending Act of 1983 came into force. Therefore, there is no discrimination between the two classes of persons. As a matter of fact, Sub-section (3) of Section 15-AAA is an extension of Section 15-AAA (1). In both the cases the condition was the same i.e. they must be tenant on 15.10.1955 and in all the cases before us they are not. Thus, we don’t find any discrimination between the two classes of persons and the expression ‘at the commencement of this Act’ does not appear to be discriminatory so as to be declared as ultra vires of Article 14 of the Constitution of India.
No other point was urged before us.
17. In the result, we don’t find any merit in this writ petition and the writ petitions mentioned in the Schedule appended to this order and they are hereby dismissed. No orders as to costs.