RANI INDER KUMARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the above Writ Petitions the constitutional validity of the Rajasthan Cash Jagirs Abolition Act, 1958 (Act No. 29 of 1958) is challenged as violative of the petitioners' fundamental rights under Articles 14, 19 (1) (f) and 31 of the Constitution.

(2.) The facts of Writ Petition No. 610 of 1970 may alone be sufficient. The petitioner states that in view of the near relationship as well as in lieu of her husband's share in the parental jagir of Riri the Maharaja of Bikaner sanctioned a separate cash grant to her husband, Maharaj Chander Singhji, of Rs. I200/- per annum on May 23, 1942. This amount was continuously paid to her husband by the State of Bikaner and was later raised to Rs. 2400/- per annum with effect from February 2, 1943. This grant of Rs. 2400/- with an addition of Rs. 600/- as dearness allowance was shared between her and her husband under the order of the Prime Minister of. Bikaner State dated September 18, l942. Thus payment of Rs. 1500/- per annum was continued to be received by the petitioner through Bikaner Treasury upto the formation of the State of Rajasthan, on April 7, 1949. After the death of her husband on May 6, 1951, the payment of her grant was continued. The State of Rajasthan being the successor to the former Bikaner State recognised this grant and continued to make payment to the petitioner. It appears that after the death of her husband it was decided till December 1953 that no payment should be made to her thereafter and the regular payments received by her after the death of her husband would not be recovered. On the petitioner's representation, however the grant was restored and was allowed to continue till its discontinuance by the act of the legislature. Annexure 'C' to the petition shows the order of the Accountant General of Rajasthan to the Treasury Officer, Bikaner, conveying the sanction of the Governor for the continuance of the grant of Rs.125/- per month to the petitioner from the date the same had been discontinued "'till the cash jagir are resumed". This order is dated June 5, 1958.

(3.) The Rajasthan Cash Jagirs Abolition Act, 1958 (briefly the Act) received the assent of the President on July 13, 1958.