MOHAMMAD HABBIBUDDIN KHAN MOHAMMAD HABBIBUDDIN KHAN Vs. JAGIR ADMINISTRATOR GOVERNMENT OF ANDHRA PRADESH:THE NAZIM ATIYAT

JUDGEMENT

(1.) These two appeals by special leave are directed against a common judgment dated September 29, 1970 passed by the Andhra Pradesh High Court in two writ petitions. This Judgment will dispose of the appeals.

(2.) The appellant who was the petitioner before the High Court is a Hissedar in the Paigah estate of Vicarul-Umra. In August 1949, the Jagirs of what was previously the Hyderabad State were abolished by and under a Regulation called the Hyderabad (Abolition of Jagirs) Regulation, 1358F. (No. LXIX of 1358F.) This Regulation, which we shall briefly describe as the Jagir Abolition Regulation, was promulgated for the purpose of abolition of Jagirs and to provide, pending the determination of the terms of commutation, for the payment to Jagirdars and Hissedars of certain interim allowances. The Jagirs under the Regulation also included a Paigah. Section 2 (e) of the Regulation defines a Hissedar as a person who is entitled to a share in the income of a Jagir according to the existing law. Section 2 (f) of the Regulation states among other things that Jagir includes a Paigah. Under Section 5 of the Regulation the Government was to appoint a date for the transfer to Government of the administration of Jagirs and different dates could be appointed for different Jagirs. On the date so appointed for any Jagir the Jagirdar was to make over the management of his Jagir to the Jagir Administrator. As from the appointed date the Jagir was to be included in the Diwani and was to be administered by the Jagir Administrator. The same Regulation provides for certain payments to the Jagirdars and Hissedars by way of "interim maintenance allowances" which were to be payable until such time as the terms for the commutation of Jagirs are determined.

(3.) The aforesaid Jagir Abolition Regulation was followed closely by the promulgation of another Regulation called the Hyderabad Jagir (Commutation) Regulation, 1359F (No. XXV of 1359 F.) This Regulation, which we shall briefly describe as the Commutation Regulation hereinafter provided for the termination of the interim allowances payable under the Jagir Abolition Regulation and also for the determination of the terms of commutation of Jagirs. Under the provisions of this Commutation Regulation it was the Jagir Administrator who was to determine the commutation sum to be paid for any particular jagir. Section 3 of the Commutation Regulation lays down the method of calculation of the commutation sum by providing that this sum for every jagir shall be found out by multiplying the 'basic annual revenue' of the jagir calculated in accordance with Section 4 of the Regulation by the figure specified in the appropriate entry in the second column of the table annexed to that section. The same section provides for the minimum amount as commutation and indicates the minimum amount in the table annexed to that section. Section 4 lays down the method of calculation of the 'basic annual revenue' and shows how the figure is to be deduced in the case of a jagir from the "gross basic sum" which is defined as "the average annual gross revenue of the jagir for the 10 years opening with the years 1347 F. and ending with the years 1356 F." less certain deductions indicated in the same section. There are certain other conditions in regard to 'this calculation with which we are not concerned. Under Section 5 (1) of this Commutation Regulation the commutation sum for every jagir has to be determined by an order passed by the Jagir Administrator or by an officer authorised by him in that behalf. The Jagir Administrator or his authorised officer has been given the power, on their being satisfied that the amount determined as commutation requires revision, to make such revision suo motu either by decreasing or by increasing the sum. Sub-section (2) of Section 5 provides for an appeal to the Board of Revenue by a person aggrieved by the determination of a commutation sum and the Board is authorised either to confirm the determination of the Jagir Administrator or his authorised officer or to revise it in such manner as it thinks fit. Section 6 of the Commutation Regulation provides for distribution of the commutation sum. Section 7 of the same Regulation provides for payment of commutation sum or shares thereof to the persons entitled to participate in the distribution thereof in accordance with the rules to be prescribed for the purpose. In the case of a dispute the amount has to be deposited with a prescribed authority in a prescribed manner and subject to certain prescribed conditions. Sub-sec. (2) of Section 7 says that the payment to a Jagirdar or Hissedar of his appropriate share of the commutation sum of the jagir shall constitute the final commutation as from the 1st April 1950 of his rights in the jagir. Sub-sec. (3) of Section 7 provides for some adjustment from the final payment of the commutation sum of any excess in the interim maintenance allowance paid to any jagirdar or hissedar. Section 8 which was added later on to this Commutation Regulation provides for recovery of any amount due to government from jagirdar or hissedar by way of adjustment.