LAWS(KAR)-1971-7-21

RANGA RAO Vs. STATE OF MYSORE

Decided On July 22, 1971
RANGA RAO Appellant
V/S
STATE OF MYSORE Respondents

JUDGEMENT

(1.) In these petitions under Arts.226 and 227 of the Constitution, a common question of law as to the constitutionalty of the provisions of the Mysore (Abolition of Cash Grants) Act, 1967 (hereinafter referred to as the Act), arises for determination. All these petitioners were getting cash grants called Rusum Deshpandyagiri from the former State of Hyderabad. They have claimed that the new State of Mysore should pay them cash grants from 30-7-1952 onwards.

(2.) WP.No.1289 of 1967 was filed before the Act came into force. In that petition the petitioner has prayed for issue of a mandamus directing the State Government to pay him the cash grant from 30-7-1952. In the remaining four petitions the constitutionality of Ss.4 and 6 of the Act, has been challenged. In WP. No.2733 of 1968 and WP. No.126 of 1969, the petitioners have also prayed for quashing the order of the Deputy Commissioner, Bidar, who determined the compensation payable to them under the Act for abolition of Cash Grants.

(3.) The petitioners have claimed that they and their ancestors were being paid cash grants from a very long time-even from the days of Rulers who preceded the Moghul Emperors, and that subsequently those grants were confirmed by the Nizam of Hyderabad. According to them, those grants were made originally in consideration of services rendered by their ancestors as Deshpandyas and that even after they (their ancestors) ceased to render such services, those grants were continued.