BHADAR RAM (D) THR. LRS. versus JASSA RAM & ORS.

BHADAR RAM (D) THR. LRS. versus JASSA RAM & ORS.

The appellant, being a Scheduled Caste member of the State of Punjab and an ordinarily and permanently resident of Punjab, could not claim Scheduled Caste status in Rajasthan for purposes of purchasing land allotted to a Scheduled Caste landless person of Rajasthan; therefore the sale violated Section 42 of the Rajasthan Tenancy Act, 1955. Further, compounding under Section 13A(2) of the Rajasthan Colonization Act, 1954 could not validly be granted by the Board of Revenue after an ejectment order had been passed and possession delivered, rendering the transaction void under Section 13 of the Rajasthan Colonization Act, 1954.

Parties
Appellant: BHADAR RAM (D) THR. LRs.; Respondents: JASSA RAM & ORS.
Jurisdiction
India
Judgment Date
05 January 2022
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of the High Court of Judicature for Rajasthan at Jodhpur; Final Hearing and Judgment by the Supreme Court of India
Outcome
Appeal dismissed
Legal Topics
Rajasthan Tenancy Act 1955 S.42, Rajasthan Colonization Act 1954 S.13, Rajasthan Colonization Act 1954 S.13 A(2) Compounding, Scheduled Caste Status and State Specific Recognition, Caste Certificates, Compounding of Land Transactions
Property Law Land Law Constitutional Law Administrative Law Rajasthan Tenancy Act 1955 S.42 Rajasthan Colonization Act 1954 S.13 Rajasthan Colonization Act 1954 S.13 A(2) Compounding Scheduled Caste Status and State Specific Recognition +2 more

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Parties

BHADAR RAM (D) THR. LRs.

Appellant

JASSA RAM & ORS.

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of the High Court of Judicature for Rajasthan at Jodhpur; Final Hearing and Judgment by the Supreme Court of India

Legal Issues

  1. 1 Whether the sale transaction in favour of the appellant violated Section 42 of the Rajasthan Tenancy Act, 1955
  2. 2 Whether a person who is a Scheduled Caste in one State (Punjab) can claim Scheduled Caste status for purposes of land transactions in another State (Rajasthan) where the land was allotted to a Scheduled Caste landless person
  3. 3 Whether compounding under Section 13A(2) of the Rajasthan Colonization Act, 1954 could be validly granted by the Board of Revenue after an ejectment order and after possession had been handed over

Ratio Decidendi

The appellant, being a Scheduled Caste member of the State of Punjab and an ordinarily and permanently resident of Punjab, could not claim Scheduled Caste status in Rajasthan for purposes of purchasing land allotted to a Scheduled Caste landless person of Rajasthan; therefore the sale violated Section 42 of the Rajasthan Tenancy Act, 1955. Further, compounding under Section 13A(2) of the Rajasthan Colonization Act, 1954 could not validly be granted by the Board of Revenue after an ejectment order had been passed and possession delivered, rendering the transaction void under Section 13 of the Rajasthan Colonization Act, 1954.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Land transaction in favour of the appellant declared void as in breach of Section 13 of the Rajasthan Colonization Act, 1954 and Section 42 of the Rajasthan Tenancy Act, 1955