STATE OF BIHAR Vs. MAHARAJA PRATAP SINGH BABADUR

JUDGEMENT

(1.) This appeal is directed against an order allowing a writ petition under Art. 226 of the Constitution. Maharaja Pratap Singh Bahadur was the proprietor of the estates collectively known as the Gidhaur estate, in Monghyr district. On the publication of a notification under S. 3 of the Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950) on July 24, 1953 the Gidhaur estate and the interests of the Maharaja therein vested in the State of Bihar. The Maharaja was receiving a permanent malikana allowance of Rs. 5743/14/6 annually in two equal six monthly instalments as shown in annexure ''A" to the writ application. The registers and rolls of the recipients of the malikana maintained by the Collector of the district since a long time past show that the successive proprietors of the Gidhaur estate were receiving the malikana for a long time past. The State of Bihar stopped payment of the malikana allowance from April 1, 1958 on the ground that the proprietary interests of the Maharaja in the Gidhaur estate vested in the State and consequently his right to the malikana was extinguished.

(2.) The Maharaja alleged in the writ petition that the permanent malikana was payable irrespective of his proprietary rights in his estates notified under Section 3 and was not income or rent from those estates nor a charge or incumbrance on them. He alleged that the stoppage of the payment of the malikana was illegal and asked for a writ directing the State to make payment of the malikana. The State did not file any return to the petition. The High Court held that the Maharaja's right to the malikana was not an intermediary interest in the Gidhaur estate and did not cease with the extinction of his proprietary right in the estate. Accordingly, the High Court issued a writ in the nature of mandamus commanding the State of Bihar to pay the malikana due to the Maharaja from April 1, 1958. The State of Bihar has filed this appeal on a certificate granted by the High Court.

(3.) Section 2 of the Bihar Land Reforms Act is the definition section. Section 2 (i) defines an estate to mean any land included under one entry in any of the general registers of revenue paying an revenue free lands and includes a share of or in any estate. Section 2(jj) defines an "intermediary" in relation to any estate or tenure to mean a proprietor, tenure-holder, under tenure-holder and trustee. Section 2 (jjj) defines an "intermediary interest" as meaning the interest of an intermediary in an estate or tenure. Section 2 (o) defines "proprietor" to mean a person holding in trust or owning for his own benefit an estate or part of an estate. Section 2 (r) defines a "tenure-holder" to mean a person who has acquired from a proprietor or another tenure-holder the right to hold land for the purpose of collecting rent or bringing it under cultivation by establishing tenants on it and includes inter alia the holder of a tenure created for maintenance of any person. Section 2 (q) defines tenure to mean the interest of a tenureholder or under tenure-holder. Under Section 2-A the expressions "proprietor or tenure-holder and "estate or tenure" mean and include "intermediary" and the "intermediary interest" respectively. Section 3 (1) states that the State Government may, from time to time, by notification declare that the estates or tenures of a proprietor or tenure-holder, specified in the notification, have passed to and become vested in the State. Sections 4 (a) and 24-A (1) are as follows: