Supreme Court Dismisses Appeal of Purchaser in Scheduled Caste Land Transfer Dispute — Migrant Scheduled Caste Status Cannot Be Claimed in Another State for Land Transactions Under Rajasthan Tenancy Act and Colonization Act. The Court held that a person recognized as Scheduled Caste in Punjab cannot claim the same status in Rajasthan for purchasing land from a Scheduled Caste allottee, and compounding under Section 13A does not validate the void transfer.

Civil appeal against High Court judgment setting aside Single Judge order and allowing writ petition challenging Board of Revenue's order granting compounding benefits to purchaser of land from Scheduled Caste allottee.

Appellant (original defendant/purchaser) sought to set aside the Division Bench judgment and restore the Single Judge order dismissing the writ petition, thereby upholding the Board of Revenue's order allowing compounding.

Appellant challenged the High Court Division Bench judgment that held he could not claim Scheduled Caste benefit in Rajasthan being a resident of Punjab, and that the sale was void under Section 42 of Rajasthan Tenancy Act.

Trial Court decreed suit for ejectment in 1980 holding sale void; Revenue Appellate Tribunal dismissed appeal; Board of Revenue allowed appeal in 1989 granting compounding benefits; Single Judge dismissed writ petition in 1999; Division Bench allowed appeal in 2011 setting aside Single Judge order.

Whether a person who is a member of Scheduled Caste in Punjab can claim the benefit of Scheduled Caste in Rajasthan for the purpose of purchasing land under Section 42 of the Rajasthan Tenancy Act, 1955 and Section 13 of the Rajasthan Colonization Act, 1954. Whether compounding under Section 13A of the Rajasthan Colonization Act, 1954 can cure a transfer that is void under Section 42 of the Rajasthan Tenancy Act, 1955.

Appellant argued that he is a Scheduled Caste and the respondent admitted his caste; the transaction was void only for lack of permission under Section 13 of Colonization Act, which was compounded; he should not be denied benefit of land purchased with his own money; the respondent delayed questioning the sale for 5 years showing mala fides. Respondent argued that the appellant, being a resident of Punjab and a Scheduled Caste there, cannot claim SC status in Rajasthan; the issue is covered by Supreme Court decisions in Action Committee and Marri Chandra Shekar Rao; compounding does not cure the void transfer under Section 42 of Tenancy Act.

Scheduled Caste status is State-specific and does not migrate with the person. A person recognized as Scheduled Caste in one State cannot claim the same status in another State for the purpose of land transactions under Section 42 of the Rajasthan Tenancy Act, 1955. Compounding under Section 13A of the Rajasthan Colonization Act, 1954 cannot validate a transfer that is void under Section 42 of the Rajasthan Tenancy Act.

The Division Bench of the High Court has allowed the said Appeal and has set aside the judgment and order passed by the learned Single Judge holding that the appellant herein – original defendant, being the resident and Scheduled Caste belonging to the State of Punjab, he could not have taken the benefit of his being Scheduled Caste in the State of Rajasthan. The issue whether a person, who is a member of Scheduled Caste in Punjab, where he is residing, can claim the benefit of Scheduled Caste in Rajasthan in relation to Section 42 of the Rajasthan Colonization Act, 1954 is squarely covered by the decision of this Hon’ble Court dated 01.11.2018 in Ranjana Kumari Vs. State of Uttarakhand & Ors.

Chunilal filed suit for ejectment in 1977; trial court decreed suit in 1980; Revenue Appellate Tribunal dismissed appeal; Board of Revenue allowed appeal in 1989 granting compounding; respondent filed writ petition; Single Judge dismissed in 1999; Division Bench allowed appeal in 2011; appellant filed civil appeal before Supreme Court in 2021.

• Rajasthan Tenancy Act, 1955: 42
• Rajasthan Colonization Act, 1954: 13, 13A
• Representation of People Act, 1950: 20(1)