MANSING SURAJSINGH PADVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is a member of the Padvi tribe in the West Khandesh District, There are in that District six estates of tribal Chiefs called Mehwassi Estates. The petitioner is the owner of one such estate. His estate is known as Kathi Estate and it comprises of 99 villages in Maharashtra and 2 villages in Gujarath. The cultivable lands in the 99 villages comprised in Maharashtra are in the possession of about 7,000 cultivators.

(2.) THE Mehwassi estates are a scheduled area under Article 244 and Schedule V of the Constitution. On 24th February 1962, the Governor of Maharashtra issued a Notification under sub -para. (1) of para. 5 of the Fifth Schedule. At about the same time, in exercise of his powers under sub -para. (2) of para. 5 of the Fifth Schedule, the Governor made a Regulation called the West Khandesh Mehwassi Estates (Proprietary Rights Abolition, etc.) Regulation, 1961. The petitioner challenges the validity of the said Notification and the said Regulation and prays that a writ or direction should be issued under Article 226 of the Constitution requiring the respondents to refrain from enforcing the Notification and the Regulation. The Notification and the Regulation will hereafter be referred to as 'the impugned enactments'.

(3.) THE Mehwassi estates in the West Khandesh District were a 'partially excluded area' under Section 91 of the Government of India Act, 1935. By Section 92 of the said Act the power to legislate in respect of excluded or partially excluded areas was vested in the Governor of the Province in which the areas were comprised. Sub -section (1) of Section 92 provided that, notwithstanding anything in this Act, no Act of the Federal Legislature or of the Provincial Legislature shall apply to an excluded area or a partially excluded area unless the Governor by public notification so directs, and that the Governor in giving such a direction with respect to any Act may direct that the Act shall in its application to the area, or to any specified part thereof, have effect subject to such exceptions or modifications as he thinks fit. Sub -section (2) of Section 92 laid down that the Governor may make regulations 'for the peace and good government' of any area in a Province which is for the time being an excluded area or a partially excluded area, and that any regulations so made may repeal or amend any Act of the Federal Legislature or of the Provincial Legislature, or any existing Indian law, which is for the time being applicable to such area.