LAXMANWALA MULUWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed for an appropriate writ, order or direction directing the respondent authorities to release compensation/ Jiwai, at the earliest with interest thereon to the petitioner by complying with the order passed by the State Government at Annexure `C' on October 16, 1990 .

(2.) The petition has a chequered history. The petitioner is a son of Late Darbar Muluwala of erstwhile Jagir of Jetpur in Saurashtra Ex-Jetpur State was the Privy purse i.e. an Annuity State. It was stated in the petition that on 15th January, 1935, by `Lekh' No. 1320 Jiwai of the disputed land was given to the petitioner as inheritance . But at that time, the petitioner was a minor and the State was under the control of late Darbar. The amount was, therefore, deposited in the State treasury and it was not paid to the petitioner because of his minority. After Independence, the land was treated as Khalsa land and revenue was deposited with the Government. The management was taken over by the Agency. In 1948, during the erstwhile Saurashtra State, liability of the State was transferred to Saurashtra State. But even at that time, the petitioner was not paid Jiwai . In 1951, Saurashtra Barkhali Abolition Act, 1951 came into force. The petitioner filed an application under Section 18 of the said Act on 13th September, 1960 for getting Cash Annuity Card for compensation before the Mamlatdar, Jetpur. The said application was, however, rejected on 14th September 1963 inter alia observing that the petitioner cannot be said to be Barkhalidar and the provisions of the Gujarat Surviving Alienation Abolition Act,1963 were applicable and the proceedings were required to be taken under the said Act. It appears that orders were passed by various authorities against the petitioner. Finally, the petitioner was constrained to approach this Court by filing SCA No. 1652 of 1978. This Court allowed the petition filed by the petitioner on April 29, 1985. A. M. Ahmadi, J.(as he then was) delivered the judgment, operative part of which reads as under:

(3.) The petitioner thereafter also made several attempts but in vain. Ultimately, the State Government passed an order on October 16, 1990 ( Annexure `C'),operative part of which reads as under :