JUDGMENT 1. - D. B. Civil Writ Petition No. 4859/93 and D. B. Civil Writ Petition No. 32.01/ 93 involving similar question of law, can be disposed of by one order and hence are being disposed of together. 2. It shall be necessary to give certain facts. The facts in Civil Writ Petition No. 4869/93 are that petitioner's father was assessing Khatedari land comprising of Khasara numbers mentioned in para 2 of the Writ Petition and out of this land 150 big has and 9 Biswas of land, situated in Bajju Khalsa had come in shat^of the petitioner's father and rest of the land had been shared by other brothers. This land was possessed by the petitioner's father as Khatedar and earlier to that the land was possessed by the ancestors of the petitioner, and therefore, on the enforcement of the Ten-ancy Act, this land had become Khatedari land. The land in question had become colony within the meaning of Section 2(ii) of Rajasthan Colonisation Act, 1954 and therefore the petitioner had also become Gair Khatedar in respect of said land. It is alleged in both the Writ Petitions that survey or re-survey under Sec. 106 and 107 of the Revenue Act was done in the concerned villages in the year 1962 to 1967 and in the process it was only those persons who became tenants by the succession or acquired any status at that relevant time, were recorded, as such in the process of survey or re-survey conducting under Sections 106 and 107 of the Land Revenue Act. The names/entries of the petitioners could not find mention because of the reason that they had acquired the rights later on. 3. The petitioners submitted that benefits accruing to Khatedars or their successors; whose names do appear in the records of rights but have not been incorporated in the survey or re-survey because of non-holding of the survey after 1967 in the villages of the petitioners in both the Writ Petitions are not being bestowed on them. They are deprived of the benefits of the provisions of Tenancy Act because of the reason that as per the "words" provided in Sec. 15AAA(2A) i.e. "prepared during the survey or re-survey and record operations conducted under Secs. 106 and 107 of the Revenue Act," an hostile discrimination has been made against them. 4. They are deprived of the benefits of the provisions of Tenancy Act because of the reason that as per the "words" provided in Sec. 15AAA(2A) i.e. "prepared during the survey or re-survey and record operations conducted under Secs. 106 and 107 of the Revenue Act," an hostile discrimination has been made against them. 4. The grievance of the Writ Petitioners in the present Writ Petitions is against the incorporation of the words "prepared during the survey or re-survey and record operation conducted under Sections 106 and 107 of the Rajasthan Land Revenue Act. 1956 (Rajasthan Act No.-15 of 1956). 5. In sub-section 2(A) of Section 15(AAA) of the Rajasthan Tenancy Act (for short the Tenancy Act) the provisions as reproduced above, occurring in sub-sec. 2 of Section 15(A.AA) have been challenged being ultra vires and discriminatory and violative of Article 14 of the Constitution of India on the ground that where survey or re-survey as required or conducted under Sec. 106 and 107 of the Rajasthan Land Revenue Act, 1956 (hereinafter called the `Revenue Act') has not been conducted but, where the names of the petitioners have been entered in the revenue columns as Khatedars or Gair Khatedar under the tenancy law, yet they are still deprived of the benefits which might accrue to them under different provisions of ti e Tenancy Act. even though they are recorded in such capacity in the records of rights. A prayer has been made for declaring the words occurring in sub-sec. 2A of Section 15AAA of the Tenancy Act i.e. "prepared during the survey or re-survey and record operations conducted under Sections 106 and 107 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act No. 15 of 1956) as invalid and for quashing the same. 6. It shall be necessary to narrate past history, aim and objects in regard to incorporation of sub-section 2(A) of Section 15AAA of the Tenancy Act and the provisions relating to the privileges of Khatedar tenants etc. as enshrined in the Rajasthan Tenancy Act. Chapter 3 of the Tenancy Act and Sec. 14 mention the classes of tenants as Khatedar tenants, Maliks, tenants of Khudkasht and Gair Khatedar tenants. Section 15 enables the tenant, at the commencement of the Act, of Land who is admitted as a tenant to be entitled to all rights conferred and be subject to all liabilities imposed on Khatedar tenants by this Act. Section 15 enables the tenant, at the commencement of the Act, of Land who is admitted as a tenant to be entitled to all rights conferred and be subject to all liabilities imposed on Khatedar tenants by this Act. Section 15AAA confers the rights of Khatedari as tenant under the Tenancy Act to all those persons as mentioned in sub-sec. (1) subclause A and sub-clause B, sub-section 2 of Section 15AAA. Sub-section 2A of Section 15AAA was inserted by way of amendment vide Act No. 22 of 1992 w.e.f. 11-11-1992 stating, therein, that notwithstanding anything contained in Section 15A, any person who was a holder of Khudkasht or a tenant of a land otherwise as sub-tenant or tenant of Khudkasht within the Indira Gandhi Canal Area whether recorded as such, at the commencement of the Act or subsequently in the record of rights prepared during the survey or re-survey and record operations conducted under Secs. 106 and 107 of the Land Revenue Act, shall be entitled to all rights of a Khatedar tenant under this Act with respect to whole or such part of the land held as does not exceed the maximum area of land which he is entitled to hold in accordance with the provisions of the Ceiling Act. 7. Sub-section 2-A of Section 15AAA is reproduced as under:- "15AAA. Accrual of Khatedari Rights in the (Indira Gandhi Canal Area) (1) - Notwithstanding anything contained in Section 15A, any person who, at the commencement of this Act.." (2-A) Notwithstanding anything contained in Section 15-A, any person who was a holder of Khudkasht or a tenant of land otherwise than as a sub-tenant or a tenant of Khudkasht within the Indira Gandhi Canal area, whether recorded as such at the commencement of this Act or subsequently in the record of rights prepared during the survey or re-survey and record operations conducted under Sections 106 and 107 of the Rajasthan Land Revenue Act. 956 (Rajasthan Act No. 15 of 19561 shall be entitled to all the rights, and be subject to all the liabilities, of a Khatedar tenant under this Act, with respect to whole or such part of the land held as does not exceed the maximum area of land which he is entitled to hold in accordance with the provisions of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act No. 11 of 1973)" (under-lined emphasise given by us, which is under challenge).The petitioners in both the Writ Petitions submit that after having succeeded the land of Khatedars, their names were incorporated in record of rights in revenue papers but because of non-conducting of survey after 1967 i.e. for the last more than 25 to 30 years in both the Writ Petitions, their names do not appear on the survey papers and could not appear, because they had succeeded much after the last survey has conducted. 8. Sections 106 and 107 provide for conducting the survey as per the notification and the orders of the State Government which are re-produced as under:- "106. Survey or resurvey:- The State Government may direct by notification in the (Official Gazette) that the survey or resurvey of any local area shall be made and every such local area from the date of the said notification be held to be under survey and record operations until the issue of another notification declaring such operations to be closed therein. "107. Record operations:- The State Government may likewise direct in respect of any local area which has already been surveyed that a general or partial revision of the records of such local area shall be made and thereupon such local area shall be held to be under record operations until such operations are similarly closed." From the reading of Sections 106 and 107 it is very clear that the survey can only be conducted, when so directed, by the State Government and until and unless the survey is conducted, the names of those persons who had acquired rights after the last survey cannot be incorporated and by reading the language (as underlined above) in sub-section 2 of Sec. 15AAA, it is very clear that rights of Khatedari tenants,can be availed of, only, by those persons whose names have appeared in the record because of any survey conducted and not otherwise. The petitioners are aggrieved of such situation having arisen because of the challenged clause, and therefore, they pray for declaration to declare such underlined clause of sub-sec. 2A of Section 15AAA as invalid. 9. It is correct and has not even been denied by the respondent-State that instructions were issued in consonance with the provisions of sub-section 2-A of Section 15AAA to bestow the rights only on those tenants whose names appear in the survey record. Counsel appearing for the State, has fairly admitted that because of such provisions, injustice can be caused to the petitioners or persons placed in the similar situations like the petitioners and that there is every likelihood of their rights to be prejudiced because of nonconducting of survey in the near past, even though, their names may be appearing in the records of rights of the revenue papers by way of succession or otherwise. Sub-section 2A of Section 15AAA was incorporated with the main object, that in some of the areas of Rajasthan, the annual registers were not maintained for recording the status of land holders and it was decided to insert sub-section 2A in Sec. 15AAA so that any person who was a tenant of land, other than as sub- tenant or tenant of Khudkasht within the Rajasthan Canal Area (now renamed as Indira Gandhi Canal Area) whether recorded as such at the commencement of this Act or subsequently in the records of rights prepared during the survey or re-survey, be entitled to all the rights and be subjected to all the liabilities of Khatedar tenant. If this was the object, then in this situation, what could be considered material for conferring the rights of Khatedar tenants, was record of rights, prepared during survey or re-survey or even otherwise, if found mention in the records of rights, because in the given situation if the survey has not been conducted for the last more than 25 years, as is in the present case, in that situation, the very object of the beneficial legislation shall be defeated. 10. 10. It has been repeatedly held that past history for enacting the law can be looked into while going through the statements of aims and objects and the Court is entitled to take into account such external or historical facts as may be necessary to understand the subject matter of the statute or to have regard "surrounding circumstances" which existed at the time of passing of the statute as has been held by the Apex Court in the case of Secretary, Madras Chilly Grains and Kirana Merchant v. U.O.I., AIR 1369 530 (sic) . In Madanlal Fakirchand v. Changdeo Sugar Mills, AIR 1352 SC 1543 it was held that "sub-section must be read as part of integral whole and as berg inter-dependent, an attempt should be made to construe them to re-concile them if it is reasonably possible to do so and to and to avoid repugnancy". The rule of construction is well ' settled that when there is an enactment which cannot be reconciled with each other, they should be interpreted that, if possible, effects should be given to both. This is what is known as the rule of harmonious construction. A statute or any enacting provision therein, must be shown to construe as to make it effective or operative. The Courts vide pronouncement upon the validity of statute, start with a presumption in favour of constitutionality and prefer the construction which keeps the statute within the competence of the Legislature. 11. The only relief which the petitioner can claim is, that benefits of sub-section 2A of Section 15AAA can be conferred on all those Khatedar tenants who fall under the relevant Sections of the Tenancy Act and whose names do appear in the record of rights of the revenue papers, having succeeded or acquired suck status, therefore, in construing harmonious construction so as to avoid any discrimination, tho benefit of sub-sec. 2A of Section 15AAA as amended shall also accrue to all those persons whose names are found in the survey or re-survey as conducted under Section 106 and 107 of the Revenue Act or otherwise mentioned in the revenue records of rights.In view of above, there is hardly any necessity to declare invalid or quash a part of sub- section 2 as prayed in the Writ Petitions but the Writ Petitions are disposed of in the terms as mentioned above to the fact that not only those tenants as mentioned in sub-section 2A of ' Section 15AAA of the Act whose names were, found in survey or re-survey are entitled to the rights of Khatedari tenants but even those tenants are also entitled to the same rights whose names are entered and incorporated in the revenue record of rights, otherwise also subsequent to last survey who might have acquired such status in accordance with law. 12. Both the Writ Petitions are disposed with the above clarification. No order as to costs.Order accordingly. *******