STATE OF M P Vs. GHANDROJ RAO ANGRE

JUDGEMENT

(1.) THIS is an appeal by special leave from a judgment of the Madhya Pradesh High Court allowing a writ petition and quashing an order dated August 8, 1963 of the Board of Revenue of the State made in certain proceeding under the Madhya Bharat Abolition of Jagirs Act, 1951, hereinafter called the "Act".

(2.) THE respondent was a jagirdar of certain villages in the erstwhile State of Gwalior including the villages Nevari and Bhanwarasa. THE grant of these two villages had been made for maintenance of Paiga (cavalry). On August 4, 1917, a mutation was made by which the respondent Jagirdar was relieved of his duty of maintaining a 'paiga'. His Jagirdari was, however, continued subject to payment by him of a sum of Rs. 30,000 every year to the State in lieu of paiga. This arrangement continued up to the date of enforcement of the Act by which all the jagirs in the then State of Madhya Bharat were resumed.

(3.) THE respondent filed a petition under Article 226 of the Constitution. for issuance of a writ in the nature of certiorari for quashing the aforesaid order of the Board dated August 8, 1963. THE High Court held that the jurisdiction of the Jagir Commissioner to deal with the case after remand was limited only to certain questions and he had no jurisdiction to decide any other question. Thus it was not open to consider whether Rs. 30,000 could be deducted from the gross income for the purpose of determining the compensation money under any other head in the Schedule except the head "Tanka". In the view of the High Court the principle of res judicata including that of constructive res judicata which was of universal application was fully applicable to the present case. In its opinion it was no longer open to the State to urge that Rs. 30,000 was deductible on any ground other than the ground that it fell within the meaning of the work "Tanka" which matter had been finally decided in favour of the Jagirdar.