Section 42 of the Rajasthan Tenancy Act, 1955 protects land held by Scheduled Caste and Scheduled Tribe khatedars: a sale, gift or bequest by an SC khatedar to someone who is not SC, or by an ST khatedar to someone who is not ST, is void. The courts have closed every route around it that buyers have tried — companies, housing societies, decrees, and simply waiting.
The short answer
- A sale of SC khatedari land to a non-SC person is void, and a company counts (Aanjaney Organic Herbal, 2012).
- A housing society’s purchase from SC khatedars is void, and so is its compensation claim when the land is acquired (New Pink City, 2015).
- Holding the land for years after a void purchase does not create khatedari rights by adverse possession (Anandi Lal, 2025).
- A decree cannot be used to move SC khatedari land to non-SC holders (Pooran Singh, 2026).
- Whether the bar reaches transfers to bodies with no caste, such as a municipal board, is before the Supreme Court (Teja Ram, stayed).
- The khatedar’s categoryRead it in the jamabandi, for every recorded holder.
- Every earlier transferA void link anywhere breaks the chain.
- How you are buyingCompany, society, relative or decree — none avoids the bar.
- An advocate’s viewWritten, dated and on this chain.
Companies and housing societies
In State of Rajasthan v. Aanjaney Organic Herbal (20 September 2012) a Scheduled Caste khatedar sold land to a company. The Supreme Court held that Section 42(b) covers a company or other juristic person: the sale was void and mutation was rightly refused. In Rajasthan Housing Board v. New Pink City Nirman Sahkari Samiti (2015) SC khatedars had agreed to sell their land to a housing society, some of whose members were themselves SC. The Court held the agreements void, and when the land was later acquired, only the khatedars or their heirs could claim compensation.
Time does not cure it
In Anandi Lal v. Dalip Prajapat, Tehsildar (3 February 2025) buyers who had held land for decades after buying it from a Scheduled Caste khatedar asked to be recorded as khatedars by adverse possession. The Rajasthan High Court refused: a person who purchased in breach of Section 42 cannot acquire khatedari rights by adverse possession, and long possession does not cure a void transfer.
Decrees
In Pooran Singh v. State (29 July 2026) a 1971 decree had declared the petitioners khatedars of land whose recorded khatedar was a Scheduled Caste member. The Board of Revenue treated the decree as a transfer barred by Section 42, and the Rajasthan High Court dismissed the writ: consent or waiver cannot defeat the statutory bar, and finality does not protect a void decree.
How far does the bar reach? A point still pending
In LRs of Teja Ram v. State of Rajasthan (2019) the Rajasthan High Court held that the bar covers a transfer by an SC/ST khatedar even to a body that has no caste, such as a municipal board. The Supreme Court granted leave and stayed that judgment on 13 July 2020, and as far as we can find the appeal has not been decided. Treat the point as unsettled. For companies, the Supreme Court’s own ruling in Aanjaney settles the question.
The judgments behind this guide
Each links to its full entry in the land judgments register, with the bench, the citation, where the ruling stands today and the sources.
- State of Rajasthan v. Aanjaney Organic Herbal Pvt. Ltd. — Supreme Court, 20 September 2012. Good law.
- Rajasthan Housing Board v. New Pink City Nirman Sahkari Samiti Ltd. — Supreme Court, 1 May 2015. Good law.
- LRs of Teja Ram v. State of Rajasthan — Rajasthan High Court, 19 August 2019. Stayed by the Supreme Court.
- Anandi Lal v. Dalip Prajapat, Tehsildar — Rajasthan High Court, 3 February 2025. Good law.
Recent rulings, 2025–2026
- 29 July 2026 · Rajasthan High Court — Rajasthan HC: a decree cannot be used to move SC khatedari land to non-SC holders. What it means and the source
- 3 February 2025 · Rajasthan High Court — Rajasthan HC: no adverse possession over SC land bought in breach of Section 42. What it means and the source
What to check before you buy
- Check the recorded category of every khatedar in the jamabandi before any talk of price.
- Trace every earlier transfer of the land; a void link anywhere breaks the chain, even decades back.
- Buying through a company, a society, a relative or a decree does not avoid Section 42.
- Holding the land for years after a void purchase does not make it yours.
- Read the SC/ST land rules page and take an advocate’s written view before paying anything.
Tools that help: SC/ST land rules in Rajasthan · Khatedari rights explained · Section 42, in the Academy encyclopaedia
What this guide cannot tell you
Section 42 has related provisions — including a narrow discretionary mechanism and restoration and ejectment routes — that this page does not set out; the SC/ST land rules page covers them. Category status is established by a competent authority, not by a surname or a record entry. Take an advocate’s opinion on the specific chain of title.
FAQ · अक्सर पूछे सवाल
Can a non-SC buyer purchase agricultural land from an SC khatedar in Rajasthan?
Section 42(b) of the Rajasthan Tenancy Act bars such a transfer. In Aanjaney Organic Herbal (2012) the Supreme Court held the sale void, and held that a company is covered by the bar.
If I have held such land for many years, do I become the khatedar?
No. In Anandi Lal (2025) the Rajasthan High Court held that a person who bought land in breach of Section 42 cannot claim khatedari rights by adverse possession.
Does Section 42 cover a sale to a municipal board or a body with no caste?
The Rajasthan High Court held so in Teja Ram (2019), but the Supreme Court stayed that judgment in July 2020 and, as far as we can find, has not decided the appeal. Treat the point as unsettled.
Sources
- State of Rajasthan v. Aanjaney Organic Herbal Pvt. Ltd. — Judgment text · Indian Kanoon.
- Rajasthan Housing Board v. New Pink City Nirman Sahkari Samiti Ltd. — Judgment text · Indian Kanoon.
- LRs of Teja Ram v. State of Rajasthan — Judgment text · Indian Kanoon.
- Anandi Lal v. Dalip Prajapat, Tehsildar — Judgment text · Indian Kanoon.