SUNDARAGIRI KISHAN RAO Vs. SANGAM MATHURA BAI

JUDGEMENT

(1.) This is a writ petition seeking the removal on certiorari of the order of the erstwhile Government of Hyderabad, dated 4th October, 1956, by which the 'Watan Patwargiri' of Tadpalli village in Karimnagar District was sanctioned in favour of one Sangam Mathurai Bai, the daughter of the last holder of the office.

(2.) The facts leading to these proceedings are as follows. The last holder of the office of Patwargiri of Tadpalli village was one Sundargiri Laxma Rao. He died on 24th June, 1938, without a male issue leaving him surviving his widow one Lalitha Bai, a daughter Mathura Bai and a divided brother Sundaragiri Kishan Rao. There was a dispute as to the succession to the Patwargiri. The widow of the last holder and his brother were rival claimants. During the pendency of the enquiry, the widow died. The last holder's daughter, Mathura Bai set up claims.

(3.) The Revenue authorities ordered that Kishan Rao, the brother of the last holder should succeed to the Watan and that Mathura Bai should be entitled to a 1/3 share of the emoluments of the office. It would appear that the Revenue authorities had given effect to a Government Circular then in force , No. 8 of I346-F., that the right of succession to the office should not be transferred outside the family of the officeholder as long as there was a male heir in the family. It was also provided by that circular that a superseded female heir of the last male-holder should be given a 1/3 share of the emoluments attached to the office. The order was passed in the first instance by the Deputy Collector on 14th March, 1950. It was confirmed by the Additional Collector, Karimnagar, on 15th December, 1950 and by the Board of Revenue on 14th November, 1951. Against the order of the Board of Revenue, Mathura Bai preferred a revision to the then Government which was allowed in her favour on the short ground that the Government Circular was repugnant to the provisions of the Constitution and as such void and inoperative. It is the said order that is now sought to be quashed.