THAKUR NARAIN SINGH versus STATE OF RAJASTHAN

Citation: [1982] 3 S.C.R. 474 · Decided: 05-03-1982 · Supreme Court of India · Bench: A.D. KOSHAL · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
474 
B 
c 
THAKUR NARAIN SINGH 
v. 
STATE OF RAJASTHAN 
March 5, 1982 
[A.D. KOSHAL, V. BALAKRISHNA BRAD! AND 
R.B. MISRA, JJ.] 
Rajasthan Land Reforms and Resumption of Jagirs Act, 1952, Jtction 6(3) 
(a) (i) read with the definition of"settled village" in section 2(n)-Scope of. 
Thakur Sangram Singh, the father of the appellant was a jagirdar of 
Thikana Diggi in the erstwhile State of Jaipur. Hisjagir was resumed on 1st of 
July, 1954 under section 21 of the Rajasthan Land Reforms and Resumption of 
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Jagirs Act, 1952 entitling him to compensation on the date of resump.tion of his 
jagir under section 26 of the Jagirs Act. The compensation was to be determined 
according to the principles laid down in the Second Schedule attached to the 
Act. If the jagir was a ~ett1ed one the compensation would be assessed on the · 
basis of the rent rates as settled in settlement operation which were prevalent on 
the date of resumption and <:S entered in the Revenue records of the village within 
the meaning of section 6(3) (a)(i) read with the definition of "settled village"' con-
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tained in section 2(n). If on the other hand, the jagir was an unsettled one the 
compensation would have to be assessed on the actual income from the rents 
during the three agricultural years: 1949-50, 1950-51 and 1951-52 as provided in 
section 7 of the Act. 
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Prior to the date of resumption settlement operation were going on under 
the Jaipur State Grants Land Tenures Act, 1947 in respect of the jagir. The rent 
rates proposed by the Settlement Officer were published in the Rajasthan Gazette 
dated 23rd of August, 1952. The rent rates fixed were made applicable with effect 
from 1st of July 1953 and, therefore, on the date of resumption, namely, on Ist 
July, 1955, rent rates assessed by the Settlement Officer and approved by the 
Government were in force, for the purpose of payment of compensation under 
the Jagirs Act. 
Sangram Singh challenged the validity of the rent rates fixed under the 
settlement operation by means of a writ petition No. 308 of 1953. The High 
Court quashed the order settling the rent rates being. in -flagrant violations of 
sec. 82 (!)(a) and (b) of the Jaipur State Grants Land Tenures Act, 1947 with a 
direction to settle fresh rent rates in accordance with the said provision. Pursuant 
to the order of the High Court fresh rent rates were settled by the Settlement 
Officer on 6th of June, 1955 with retrospective operation from !st July, 1953. 
According to the new settlement the total rental income from the jagir wa:& 
reduced from Rs. 1,31,657.48 to Rs. 82,501.50. 
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THAKUR NARAIN SINGH V. RAJASTHAN 
475 
The Jagir Commissioner by his order dated 25th November, 19fi0 granted 
compensation on the basis of the rent rates assessed in 1955. The Jagirdar un-
successfully preferred an appeal before the Board of Revenue. Sangram Singh 
died in the mean time so his' son the appellant challenged the order of the Board 
of Revenue on two grounds: (1) that the co1npensation should have been assess-
ed on the basis of rent rates determined in 1953 as it stood on the date of 
resumption. (2) or in the absence-of a valid settlement on the basis of actual 
income from rents during the three agricultural years. Treating the Jagir as un-
settled, the High Court rejected both the grounds. Hence the appeal by certifi-
cate under Article 133 (1) (a) of the Constitution. 
Allowing the qppeal and remanding the case, the Court 
HELD: I. As a result of the quashing of the order of Settlement of rent 
rates of 1953 by the High Court, the jagir would be taken as an unsettled one on 
the date of resumption. The quashing of the order of Settlement only means 
tabula rasa (dean slate) as if there was no determination of rent rates in 1953. 
[479 E-F] 
2. The criterion to determine whether a particular jagir is a settled one or 
not is to see whether the rent rates determined in settlement operations have been 
made applicable. It is only from the date of effectuation of a valid settlement 
of rent rates in respect of a particular jagir which makes the jagir a settled 
one. [480 C-D] 
3, Section 86 of the JaiPur State Grants Land Tenures Act, 1947 clearly 
indicates that the rent fixed by the SettlemeLt Officer shall normally be payable 
from the first of July next foliowing the date of such order and.further authorises 
the Settlement Offi~er to make the same shall be payable from some earlier date. 
The reali

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