(1.) THIS is a petition under Article 228 of the Constitution by two jagirdars of certain villages in the territories formerly forming part of the State of Rampur and now part of the State of Uttar pradesh. The jagirdars had to pay no land revenue to the State and paid only a cess called the chau-kidara Tax. They were proprietors of the land comprised within their respective jagirs.
(2.) THE State of Uttar Pradesh passed an Act, called the U. P. Zamindari Abolition and Land reforms Act, 1950 (Act I of 1951) which came into force on 26-1-1951. The Act did not apply in the first instance to the territories formerly forming part of the State of Rampur, now the district of Rampur, but Section 2 of the Act empowered the State Government to extend the Act to the district of Rampur "subject to such exceptions or modifications, not affecting the substance" as the State Government may, by notification, specify in this behalf. The proviso to section 2 lays down:
(3.) THE main point for consideration in this petition is whether the Notifications mentioned above are ultra vires the State Government and are invalid or not.