PARAPPA PAYAPPA DESAI Vs. STATE OF MYSORE

JUDGEMENT

(1.) The effect and the validity of Section 2 of the Bombay Merged Territories and Areas (Jagirs Abolition) (Mysore Amendment) Act, 1963, (hereinafter referred to as 'the Amendment Act, 1963') arise for decision in these petitions under Art. 226 of the Constitution. That Act received the assent of the President on 23-5-1964 and came into force on 6-3-1964.

(2.) The petitioners were Jagirdars or their co-shares of Hangandi Jagir and 3 other villages in Jamkhandi Taluk, Bijapur District. It would appear that these villages were grated in inam to their ancestors by the then Badashah of Bijapur in the 17th Century. later these inam villages formed part of the then Badashah of Bijapur in the 17th Century. later these inam villages formed part of the then State of Sangli which merged in the then Province of Bombay with effect from 8-3-1948. Thereafter these villages were included in Jamkhandi Taluk, Bijapur District. On reorganisation of States these villages are in the new State of Mysore.

(3.) The then Bombay Legislature enacted the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (Bombay Act No. 39 of 1954) hereinafter referred to as the (Jagirs Abolition Act). The preamble of that Act states that it is expedient in the public interest to abolish jagirs of various kinds in the merged territories and merged areas in the State of Bombay and to provide for matters consequential and incidental thereto. That Act received the assent of the President and came into force on 1-8-1954, that date having been notified in the official Gazette under Section 1(3).