HASAN NURANI MALAK Vs. STATE OF BOMBAY

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the four petitioners, who claim to be the legal representatives of late Khan Bahadur M. E. R. Malak, pray for a writ of certiorari quashing the order dated July 18, 1959, made by the Additional Commissioner, Nagpur, respondent No. 2 hereto, and the order dated August 24, 1955, made by the Additional Deputy Commissioner/Nistar Officer, Umrer, respondent No. 3 hereto. They further pray that the original order made by the Compensation Officer on October 5, 1951, be maintained. Late K. B. M. E. R. Malak was the recorded proprietor of mouza Umrer in Umrer tahsil of Nagpur district. It is well -known that proprietary rights of the proprietors in the malguzari villages were abolished and those became vested in the State Government by virtue of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, Act 1 of 1951, hereinafter referred to as the Abolition of Proprietary Rights Act.

(2.) THIS Act came into force and the proprietors in Nagpur district were divested of their proprietary rights as and from March 31, 1951. Section 4 of this Act enumerates various items of properties andproprietary rights that vest in the State Government and consequences of the vesting of those rights in the Government on deprivation of the proprietors of those rights. Sub -section (2) of Section 4 and Section 5, however, save certain items of property to the proprietors as well as persons in possession. Section 6 renders certain transfers made by proprietors after March 16, 1950, void as and from the date of vesting save and except where these transfers are subsequently declared other -wise by the Deputy Commissioner. Section 7 empowers a Deputy Commissioner to take possession of the property vesting in the State. Chapter III deals with assessment and determination of compensation that is to be paid to an ex -proprietor by the Compensation Officer, and also provides for preparation of record in the prescribed form giving certain details.

(3.) THE case relating to village Umrer was dealt with by Mr. Telang, Compensation Officer, Umrer. He passed an order on October 5, 1951, determining that Khan Bahadur M. E. R. Malak (since deceased) was the proprietor of the village and the compensation to which he was entitled was Rs. 5,286 -12 -9. He further passed an order directing that 167.53 acres of land in this village was under mango grove and should be settled with Khan Bahadur Malak. These 167.53 acres consisted of the following eight khasra numbers: Khasra No. Area in acres. Revenue. 153 9.34 Rs. 4/ - 403/1 111.39 Rs. 148/8/ 439 1.79 Rs. 4/ - 452 27.10 Rs. 63/4/ - 467/1 3.54 Rs. 24/ - 467/4 6.56 Rs. 15/4/ - 471/1 3.80 Rs. 8/12/ - 471/4 4.01 Rs. 9/6/ - 8 167.53 Rs. 277/6/ - We are in this case concerned with these lands.