STATE OF RAJASTHAN AND ORS. ETC. ETC. versus KISHAN SINGH ETC. ETC.

Citation: [1992] 3 S.C.R. 748 · Decided: 06-08-1992 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
STATE OF RAJASTHAN AND ORS. ETC. ETC. 
v. 
KISHAN SINGH ETC. ETC. 
AUGUST 6, 1992 
B 
[KULDIP SINGH AND K. RAMASW_AMY, JJ.] 
Rajasthan Colonisation Act, 1954-Section 2(i)(a)-Notification dated 
30.5.1978 issued unde,._Judicial notice of casual manner of draftin~ 
~ 
Manifest intention of Govemment-Construction. 
c 
Rajasthan Colonisation Act, 1954-Sections 22, 2(i)(a)-Notification 
dated 30.5.1978 appointing Colonisation Tehsi/dars to perfonn and exercise 
-
the powers of Collectof'-Validity of. 
Interpretation of Statutes-Notification issued under a statute-Man.if est 
~ 
D intention of Government-Construction-Method of iron-out the creases-Per-
missible. 
The appellant-government issued a notification dated 30.5.1978 
under Section 2(i)(a) of the Rajasthan Colonisation Act, 1954 appointing 
E 
the Colonisation Tehsildars to perform the functions and exercise the 
powers of the Collector under Section 22 of the Act. 
·--t 
The Colonisation Tehsildars initiated proceedings against various 
persons under section 22 of the Act and also passed orders of eviction 
from the lands under their possession. 
-
F 
The aggrieved persons challenged the proceedings and the orders af 
eviction before the High Court filing writ petitions under Article 226/227 
-..,.. 
of the Constitution of India. They contended before the High Court that 
the notification dated 30.5.1978 was vague, ambiguous and did not confer 
any powers or functions of the Collector under Section 22 of the Act on 
G the Tehsildars; and that the proceedings under Section 22 of the Act 
initiated by the Tehsildars were inherently without jurisdiction and as 
such were liable to be quashed. 
,..,.. 
The Single Judge allowed the writ petitions. 
H 
The appeals preferred by the State were dismissed by a Division 
748 
' 
STATE v. KISHAN SINGH 
749 
Bench of the High Court. 
A 
Hence these appeals were filed by the State by special leave against 
the judgment of the Division Bench of the High Court. 
On the question, whether the notification dated 30.5.1978 issued 
under section 2(i)(a) of the Rajasthan Colonisation Act, 1954 validly B 
conferred the powers and the functions of the Collector under the Act 
upon the Colonisation Tehsildars, allowing the appeals of the State, this 
~ 
Court 
HELD: 1.01. The notification dated May 30, 1978 is not happily c 
worded. It shows the casual manner i~ which the government-documents 
! 
-
are drafted. However, the wording of the notification fully conveys the 
intention of the State Government. [753G] 
)-
1.02. The manifest intention of the government, which can be 
spelled-out from the notification, is that all the powers under Section 22 D 
of the Act have been delegated and conferred on the Colonisation Tehsil-
dars in the State of Rajasthan. The expression 'such' used in the notifica-
tion twice, only indicates that the Colonisation Tehsildars, who have been 
given all the powers of the Collector under Section 22 of the Act, may 
exercise 'such' of these powers as are necessary to be exercised in a given E 
case before them. (754D] 
~ 
2.01. Section 22 of the Act provides summary proceedings for the 
ejectment of tress-passers from government lands. Various sub-sections of 
-
Section 22 provide a scheme for getting the trespass on government lands 
vacated. In the nature of' the provisions of Section 22 of the Act the proceed-
F 
,. 
ings under various sub-sections have to be initiated and a.ction taken by the 
same authority. [753H-754AJ 
..-..-
2.02. The proceedings under section 22 of the Act being quasi judicial 
the authority entrusted with the powers of the Collector has to be invested 
with the powers under all the sub-sections to enable the said authority to G 
proceed in accordance with the scheme of the Act. In that view of the matter 
there is no scope for conferring some of the powers under Section 22 on the 
- -( 
Tehsildars and remaining to be left with the Collector. [754B] 
2.0J. The notification dated May 30, 1978 appointing the Colonisa-
tion Tehsildars in the State of Rajasthan to perform the functions and to ~ 
750 
SUPREME COURT REPORTl) 
(1992) 3 S.C.R. 
A 
exercise the powers of the Collector under Section 22 of the Act is legal 
and valid. [754F] 
B 
3. While dealing with a notification it is permissible to iron· out the 
creases to clarify the manifest intention of the State Government in issu· 
ing the notification. [754E] 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 4209 to 
4226 of 1991. 
F

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