STATE OF MADHYA PRADESH Vs. BALKISHAN NATHANI

JUDGEMENT

(1.) These two appeals by special leave are filed against the common judgment of a Full Bench of the High Court of Judicature at Nagpur in writ petitions Nos. 22 of 1955 and 274 of 1955 filed by respondents 1, 3 to 6 herein in the said Court.

(2.) The facts in Appeal No. 370 of 1960 may be stated first. Respondent 1, Seth Balkishan Nathani, was the proprietor and lambardar of Mouza Sonpairi in Tehsil and District Raipur. On January 14, 1947, he executed perpetual pastas in favour of his wife, Yashodabai, since deceased, and respondents 4, 5 and 6 in respect of khudkasht and grass lands of Mouza Sonpairi. In Tabdili Jamabandi of the year 1941347 the said lands were recorded as the Occupancy Tenancy Holdings of the said respondent 4 to 6 and respondent 2, Govindlal Nathani, the legal representative of Yashodabai. The same entry was found in the Jamabandis of the subsequent years. The Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, l950 (1 of 1951), hereinafter called the Act, came into force on January 22, 1951. Thereafter in due course the estate of the said proprietor was duly notified under S. 3 of the Act. On March 25, 1952, the Deputy Commissioner, Land Reforms, acting under S. 40 of the Act, recognised the said Balkishan Nathani as the pattadar and settled the assessment payable by him in respect of Khasra Nos. 289/2 and 366/7 of Mouza Sonpairi. No appeal was preferred against that order. Thereafter, appellant 2, the Nistar Officer-cum-Additional Deputy Commissioner, Raipur, started proceedings against the respondents for the correction of old annual papers in Mouza Sonpairi with a view to reopen the earlier order made under S. 40 of the Act, as the earlier order was passed on the basis of the entries found in Tabdili Jamabandi of the year 1946-47 and subsequent years. Respondent 1, Seth Balkishan Nathani, raised an objection that appellant 2 had no jurisdiction to initiate the proceedings. Appellant 2 overruled the objection and made the following order:

(3.) Civil Appeal No. 371 of 1960 relates to Patti No. 1 of Mouza Kachna in Tehsil and District Raipur. Respondent 1 was the Proprietor and Lambardar of the said Mouza. On February 19, 1948, the said Seth Balkishan Nathani executed perpetual pastas in respect of the said lands in favour of the same respondents as in the other appeal. In the annual papers the said lands were recorded as the Occupancy Tenancy Holdings of respondents 2 to 6. On December 8, 1954, appellant 2 made an inspection of the said lands and made the following order on December 9, 1954: