K R NADGIR Vs. STATE OF MYSORE

JUDGEMENT

(1.) These are four writ petitions challenging the Government Order No. RD 28 LJA 62, Bangalore dated 30th March 1966 by which the State Government has held that Bombay Act 39 of 1954 applies to the villages of Hanchinal and Benakanahalli, Kundagol Taluk, Dharwar District.

(2.) The facts lording to these petitions are: Hanchinal and Benakanahalli were inam villages in the old Kundagol Taluk of the erstwhile Princely State of Jamakhandi. They were shown as paragana watan villages In the records maintained during the Jamakhandi State regime. That State was merged with and became a part of the former Province of Bombay. In the year 1954, the State of Bombay with a view to abolish jagirs of various kinds in the merged territories and merged areas, passed an Act called the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953, (Bombay Act XXXIX of 1954) (hereinafter referred to as the 1954 Act). The said Act did not cover all kinds of alienations. In order to abolish the remaining alienations of miscellaneous character prevailing in the merged territories, the State of Bombay enacted another legislation Known as the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955 (Bom.Act XXII of 1955) (hereinafter referred to as the 1955 Act). The 1st Act came into force on 1-8-54 and the 2nd came into force on 1-8-1955. It was thought that 1954 Act did not apply to paragana watans and so it was not applied to the two villages in question. The authorities applied the 1955 Act and steps were taken to resume and regrant the lands to the holders m accordance with those provisions. Accordingly, the watandars got some lands regranted in their names after paying the occupancy price. Consequent on the reorganisation of States, this area became a part of the new State of Mysore.

(3.) In the year 1958, the Divisional Commissioner, Belgaum, wrote to the State Government that the abovesaid two villages were not paragana watan villages but were jagirs as defined in 1954 Act and sought orders of Government to apply that Act to those villages. The State Government, after considering the matter passed an order in their letter No.RB13 WTN 58 dated 13-11-1958 that tha villages might be dealt with under 1964 Act. Aggrieved by that order, the watandars approached the Government to reconsider the decision contending that 19l54 Act was not applicable to their villages ana the action taken to implement the 1955 Act was proper and should be maintained. That request was rejected by the Government on the ground that may had no powers or review. Thereafter, the watandars preferred WP. Nos.282/1960, 77/1961 and 143/1962 in this Court challenging the Government Order dated 13-11-1958. The said petitions were allowed setting aside the Government Order with a direction to determine the question de novo after giving notice to the interested parties and affording them an opportunity to putforth their case.