SRIKANTADATTA NARASIMHARAJA WODEYAR MYSORE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE only son of the erstwhile late jayachamarajendra wodeyar, maharaja of mysore, is the petitioner before us. He has filed these two writ petitions inter alia, questioning the validity of the government Order No. Gad 2 psr 76, dated 26-2-1976, passed by the state government by which it has taken over the possession and management of the mysore palace along with adjoining lands and moveables therein (hereinafter called the "propertos") in public interest and the continuance thereof on the ground of violation of articles 14, 21, 31-a (b) and 300-a of the constitution of India and for consequential relief of directing the state government and its servants to restore the possession and management of the said properties to the heirs of late maharaja. It is a historical fact that the State of mysore was being ruled by the wodeyar family. But with execution of the instrument of accession by the maharaja of mysore on 9-8-1947 and its acceptance by the governor general of India on 16-8-1947, read with supplementary instrument dated 1-6-1949, the said Indian state acceded to the dominion of India on 1-6-1949.

(2.) SUBSEQUENTLY, an agreement dated 23-1-1950 was entered into between the government of India and maharaja of mysore in respect of properties and privy purse. Clauses (1) and (2) of the article ii of the said agreement which is material for the present purpose, is to the following effect: article ii

(3.) AS stipulated in the aforesaid clauses, the maharaja submitted an inventory of his private movable and immovable properties as on 26-1-1950. The palace at mysore and the adjoining lands are at sl. No. 22 of the inventory. The note appended to the said serial number pertaining to the palace at mysore is of material bearing on the present controversy. The said note reads thus: