THAKUR KESARI SINGH vs THE STATE OF RAJASTHAN AND OTHERS.

The Supreme Court held that Section 85 of the Marwar Tenancy Act, 1949, which allows the government to declare rents recoverable as arrears of land revenue in case of general refusal by tenants, was not repealed by the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951. The Court ruled that the application under Section 85 must be heard ex parte, and no notice to tenants is required. The rescission of the notification does not divest the authority to dispose of the application already made, thus upholding the Collector's power to act on the application despite the notification's rescission.