RAMBHOTLA RAMANNA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed for two reliefs (1) of quashing the order of the Government in G.O. Ms. No. 836, Food and Agriculture (Forests-I) Department, dated 23rd April, 1968 ; and (2) for a writ of mandamus against the respondents directing them to implement and give effect to G.O. Ms. No. 131, Food and Agriculture,dated 24th January, 1967, which order was cancelled by the impugned order, G.O. Ms. No. 836, dated 23rd April, 1968.

(2.) The facts giving rise to this Writ Petition are these : The petitioner is an ex-Jagirdar of Pottial village in Adilabad District. In 1305 Hijri, the father of the petitioner was granted by the Nizam's Government a 3/4th share in the Jagir village, the Government retaining the remaining 1/4th share. In 1328 Fasli, the petitioner's father moved the Forest Department to hand over to him his share of the forest timber in the Jagir. It would appear that for some reasons either due to the difference of opinion between the officials of the Forest Department or due to the differences between the department and the Jagirdar regarding the manner of sharing the forest timber, no settlement could be reached regarding the share of the Jagirdar. While matters stood thus the Military Governor, by virtue of the powers conferred upon him by a Firman of the Nizam, made a Regulation known as "the Hyderabad (Abolition of Jagirs) Regulation 1358-F." (hereinafter referred to as the Abolition Regulation) which came into force on 15th Meher, 1358-F. (15th July, 1949). The consequence of this regulation was that all jagirs were abolished and vested in the State. In 1359-F., another Regulation, the Hyderabad Jagirs (Commutation) Regulation, 1359-F. (hereinafter referred to as the Commutation Regulation) was psssed and it came into force on 25th January, 1950. This Regulation provided for payment of compensation and the method of working out the compensation payable to the ex-Jagirdars. The petitioner was agitating from 1948 onwards for the payment of the value of 3/4th share in the forest timber and made a representation to the Chief Conservator of Forests; but he was informed by the said officer, by his letter, dated 22nd March, 1950, that since all jagirs were abolished and taken over by the Government, the question of payment towards his share in the forest timber did not arise. The petitioner then moved the Government of Hyderabad for payment towards his share in the forest timber ; but his request was turned down and he was told that the Jagir Administrator was the proper forum to be approached by reason of the abolition of the Jagirs. The petitioner then filed an application for review of the order of the Government and that was again rejected by the Government on 14th April, 1951. The petitioner pursued the matter once again by filing another application before the Minister for Forests claiming the same relief and the then Minister for Revenue and Forests passed an order on 17th July, 1952, whereby the Government agreed to pay O.S. Rs. 25,254 towards the value of his 3/4th share in the forest timber.

(3.) It may be stated at this stage that the stand now taken by the Government is that the Minister had no jurisdiction to entertain the application and decide the quantum of commutation or compensation, which was a matter for determination by the Jagir Administrator. This amount directed to be paid by the order of the Minister, dated 17th July, 1952, could not be paid as there were several rival claimants. One Nagabhushanarao. a rival claimant, filed a writ petition (W.P. No.91 of 1960). in this Court against the petitioner and the Government putting forth his claims to the Commutation amount as the Government had passed orders on 25th November, 1959, directing the rival claimants to approach the civil Court for establishing their claims over the amount deposited towards compensation payable to the ex-Jagirdar. That writ petition was dismissed.