STATK OF MYSORE Vs. H SUBBA RAO

JUDGEMENT

(1.) These appeas are presented by the Government of Mysore (hereinafter referred to as the Government) under sub-sec. (1) of S.31 of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954, (hereinafter referred to as the Act) . The respondents have raised a preliminary objection that these appeals are barred by time and are liable to be dismissed in limine.

(2.) All these appeals have been filed long after the expiry of 3 months from the respective dates of the orders of the Deputy Commissioner under S. 20 of the Act determining compensation. The Government has claimed that these appeals are within time as they have been filed within 6 months from 11-12-1969 on which date the Mysore Inams Abolition Laws (Amendment) Act, 1969, (hereinafter referred to as the Amendment Act) came into force and that the time taken for obtaining certified copies of the orders appealed against, should be excluded in computing the period of limitation of 6 months prescribed in sub-sec. (1) of S. 31 of the Act as amended by the Amendment Act. Sub-sec. (1) of Sec.31 of the Act, as it stood before it was amended by the Amendment Act, read: 31. (1) Any person aggrieved by any order of the Deputy Commissioner made under sub-sec. (1) of S. 20, or by any decision of the Special Tribunal under S. 29 or S. 30 may, within three months from the date of the order or decision or such further time as the High Court may for sufficient cause allow, appeal to the High Court; and the High Court shall pass such order on the appeal as it thinks fit. The above sub-section was amended by sub-sec. (6) of S. 2 of the Amendment Act which reads : "2(6). In sub-sec. (1) of Sec.31, for the wordsj brackets and figures "Any person aggrieved by any order of the Deputy Commissioner made under sub-sec. (1) of S. 20," the words, brackets, figures and letter "Against any order of the Deputy Commissioner made under sub-sec. (1) of S. 20 or S. 20A, the Government may within six months from the date of the commencement of the Mysore Inams Abolition Laws (Amendment) Act, 1969, or from the datp of such order whichever is later and any person aggrieved by such order" shall be and shall be deemed always to have been substituted. Sub-section (1) of Section 31 of the Act as amended by the Amendment Act, reads : 31. Powers of the High Court.- (1) Against any order of the Deputy Commissioner made under sub-sec. (1) of S. 20 or S. 20-A, the Government may within six months from the date of the commencement of the Mysore Inams Abolition Laws (Amendment) Act, 1969, or from the date of such order whichever is later and any person aggrieved by such order or by any decision of the Special Tribunal under S. 29 or S. 30 may, within three months from the date of the order or decision or such further time as the High Court may for sufficient caus,e allow, appeal to the High Court; and the High Court shall pass such order on the appeal as it thinks fit.

(3.) One of learned Counsel for the respondents sought to assail the validity of sub-sec. (6) of S. 2 of the Amendment Act. But, the learned Additional Government Advocate raised an objection that the validity of any of the provisions of the Act or the Amendment Act, cannot be questioned in an appeal under the provisions of the Act.