STATE OF MAHARASHTRA Vs. LAXMAN CHIMAN NAIK:

JUDGEMENT

(1.) The respondents filed two applications before the Additional Collector, Nasik, under S. 7 of the Bombay Bhil Naik Inam Abolition Act, 1955, (hereinafter called the Act) for compensation. On the basis of the applications, the Additional Collector, Nasik, passed two awards negativing the claims. The respondents filed two appeals against the awards, but they were confirmed by the Maharashtra Revenue Tribunal. To quash these orders, the respondents filed applications under Article 227 of the Constitution before the High Court of Bombay. The High Court quashed the orders and held that the respondents were entitled to compensation and remitted the cases to the Additional Collector, Nasik for determination of the quantum of compensation payable to the respondents. These two appeals, by certificate, are directed against the common judgment of the High Court quashing the orders passed by the Maharashtra Revenue Tribunal.

(2.) The question for consideration in these appeals is whether the High Court was right in holding that the respondents, who were inamdars, were entitled to compensation on the abolition of the Bhil Naik Inams under the provisions of S. 7 (1) of the Act.

(3.) The object of the Act was to abolish the Bhil Naik Inams held for service useful to Government on political considerations. Section 4 states that all Bhil Naik Inams shall be deemed to have been abolished and that any liability to render service and all other incidents appertaining to such inams are extinguished and that all inam villages and inam lands are resumed and shall be deemed to be subject to the payment of land revenue.