AVADHESH PRATAP SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an application for the issue of a writ of certiorari and mandamus or any other suitable prerogative writ which might be deemed fit and appropriate against the opposite parties quashing the declaration dated 10-12-1949 whereby the applicant was declared in-capable of managing his estate under Section 8 (1) (d), U. P. Court of Wards Act IV [4] of 1912. The facts which are not disputed are as follows.

(2.) The applicant Shri Avadhesh Pratap Singh is a taluqdar of the estate known as Khajurahat, Pargana Paschim Rath, district Faizabad, of which the Government revenue is about RS. 32000. It is entered at No. 136 of list 1 and No. 62 of list 3 of the Oudh Estates Act. The devolution of the estate is governed by the rule of lineal primogeniture. The applicant came in possession of the estate on or about 12-5-1940, when his father, the previous Taluqdar, died. There are some members of the family of the applicant who, according to the applicant, are merely entitled to maintenance out of the estate, but who, on the other hand, claim to be co-sharers with the applicant. It appears that there was some dispute between the applicant and these Guzaredars or co-sharers and certain suits were brought by them against the applicant for profits. The applicant disputed their claim to co-sharership and the right to claim profits in those suits.

(3.) Certain notices under the U. P. Court of Wards Act, No. IV [4] of 1912, were issued to the applicant by the State of Uttar Pradesh, the result of which was that the applicant was dispossessed from the management of his own estate and the same was to be taken over by the U. P. Court of Wards. It is necessary at this stage to understand the provisions of the Court of Wards Act under which the notices were issued.