RAGHUBAR SARUP NAWAB JAMSHED ALI KHAN ZIAULLAH KHAN HIDAYAT ALI KHAN SHRIMATI MUMTAZ DULHAN BEGUM NAWABZADA JAFAR ALI KHAN SULTAN HUSSAN KHAN AZIZ DULAH KHAN S SHAUKAT ALI FAIZ M Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) , J. : These petitions under Article 32 of the Constitution and appeals on certificates granted by the Allahabad High Court question the action taken by the State of Uttar Pradesh under the U. P. Zamindari Abolition and Land Reforms Act, No. I of 1951, (hereinafter called the Abolition Act) and the Rampur Thekedari and Pattedari Abolition Act No. X of 1954, (hereinafter called the Thekedad Act). We propose to deal with them by one judgment as they raise common points and in the case of some petitioners lands covered by both the Acts are involved.

(2.) The former State of Rampur was an independent State under the paramountcy of the British Crown before 1947. When India became a Dominion on the passing of the Indian Independence Act of 1947, the State of Rampur acceded in August, 1947, to the Dominion of India by means of an instrument of accession. This was followed by a merger agreement between the Ruler of the Rampur State and the Dominion of India on May 15, 1949, by which the Ruler agreed to transfer the entire administration of the State to the Dominion as from July 1, 1949. The Governor General then passed an order on July 1, 1949, known as the Rampur (Administration) Order by which a Chief Commissioner was appointed to administer the area of the former Rampur State under the Government of India. This was followed on November 29, 1949, by the States Merger (United Provinces) Order, 1949, promulgated by the Governor General by which the administration of the former State of Rampur was transferred to the Government of Uttar Pradesh and Rampur thereafter became a district in the State of Uttar Pradesh. In 1951 the State of Uttar Pradesh passed the Abolition Act. It was, however, not applied to the district of Rampur initially; but power was reserved under S. 2 to apply the whole or any provisions of the Act to Rampur as defined in the Rampur (Administration) Order, 1949, subject to such exceptions or modifications, not affecting the substance, as the circumstances of the case may require. By virtue of this power, notification No. 3168/1-A-559/ 1951 was issued on June 30, 1954, applying the Abolition Act to Rampur. This was followed by another notification No. 3169/1-A559/1951 on July 1, 1954, declaring that all estates situate in Rampur vested in the State of Uttar Pradesh. These notifications are the target of attack in the petitions and appeals relating to jagirs, zamindaris and muafis in Rampur.

(3.) The system of land tenure in the former Rampur State was this. In a portion of the State known as Ileqz Jadid, which was ceded by the Government of India to the former Rampur State in 1857, there were intermediaries called Zamindars who were in all respects similar to the Zamindars in the State of Uttar Pradesh. Secondly, some lands had been conferred by the Ruler of the State on certain persons as jagirs or muafis. The holders of these estates did not pay any land revenue which was payable by the Zamindars; they only paid a local rate or abvab. Thirdly, the rest of the land in the State consisted of Ehau villages, i. e. lands belonging to the State in which there were no intermediaries between the State and the tillers of the soil. In this class of lands, there were villages which were almost uninhabited and very little land in these villages was under cultivation. The Ruler of Rampur decided in March 1949 to lease out some of these villages to persons who were called Thekedars or Pattedars in order that these persons might settle tenants and invest money in the villages so that lands lying uncultivated might be brought under cultivation and the production of food grains might increase. These leases were to be in the first instance for a period of ten years with a right to the State to extend the period by another ten years. The leases provided what the Thekedars were to do in order to bring lands in villages leased to them under cultivation and also provided what percentage of the profits was to be paid to the State as revenue. The leases further provided for a review after three years, six years and ten years whether the conditions had been carried out and for increase of the State's share of the profit after each review. It was also provided that in case the conditions were not carried out, the leases would be terminated and the villages taken under direct management by the State. Many petitioners and appellants before us are Thekedars or Pattedars to whom such leases were granted and the initial period of ten years has yet to run out.