TEJ SINGH RAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Tej Singh Rao is a lineal male descendant of Pratap Rao Gujar who was one of the Generals of Shivaji the Great. He is holding 294-61 acres of land which is situated in the Bhiwapur Taluk of the erstwhile Nagpur State. He filed return under section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (the Act) without prejudice to his claim that the lands are covered by a sovereign legislative grant-flowing from the sovereign authority of Raghoji II , the Bhosle Ruler of Nagpur State, and as such did not come within the purview of the Act. The Special Deputy Collector (Land Reforms) declared 176-91 acres of the land as surplus. The land owner preferred appeal before the Maharashtra Revenue Tribunal under Section 33 of the Act. The Tribunal dismissed the appeal. Tej Singh Rao challenged the order of the Special Deputy Collector and of the Tribunal before the Nagpur Bench of Bombay High Court by way of writ petition under Article 226/227 of the Constitution of India. The High Court dismissed the writ petition with costs. This appeal by Tej Singh Rao by way of special leave petition is against the judgment of the High Court.

(2.) The lands in question. were subject matter of the grant which was made in the year 1793 by Raghoji II, the then ruler of Nagpur State, at the time of marriage of his daughter Banubai to Vyankatrao alias Nanasaheb son of Ramrao, a male descendant of Pratap Rao Gujar. As both Vyankatrao and Banubai were minor, the grant was made in the name of Ramrao. All villages in Bhiwapur Taluq and six villages in other Taluqs and annual cash allowance of Rs. 17,415/- were the subject matter of the grant.

(3.) Raghuji II died in the year 1816. It is not necessary for us to trace the history of Bhonsale family and Gujar family as the same is not relevant for deciding the question which has survived for our consideration.