SARTAJ BAIG KHAN Vs. MUZZAFFARUNNISA BEGUM

JUDGEMENT

(1.) This is an application, under Article 226 of the Constitution for the issue of a writ of certiorari to quash the order of the Board of Revenue, Hyderabad, dated the 31st of October, 1955, confirming the order of the Jagir Administration, date 9th day of July, 1955, and for a direction to the Jagir Administrator to forbear from deducting one-fourth of the commutation instalment payable to the petitioner.

(2.) For an appreciation of the contentions raised in the writ petition, it is necessary to state the material facts. The petitioner's father was the holder of jagir consisting of Andhari and other villages. Respondents 1 to 6 are the legal representatives of one Nawab Ahmed Baig Khan, who was the Hissedar (sharer ) of the said jagir (hereinafter referred to as the Hisssedar). On the 15th August, 1949, the Hyderabad (Abolition of Jagirs) Regulation was enacted. Pursuant to the said Regulation all jagirs were abolished. On the 9th of October, 1949, the Hissedar submitted a petition to the Jagir Administrator of the Hyderabad Government praying inter alia that a sum of Rs. 68,000 Osmania Sicca may be paid to him, which he alleged was the amount of arrears due to him from out of the share amount of the holder of the Jagir. By an order, dated the 30th of October, 1949, the Jagir Administrator called upon the Hissedar to prove his claim. The Hissadar thereupon produced a copy of the order of the Board of Revenue, dated the 15th of March, 1947, in support of his claim. On receipt of the aforesaid order, the Jagir Administrator request the Atiyat Department to send a report on the claim made by Hissedar. The Nazim-e-Atiyat intimated the Jagir Administrator on the 5th of January, 1950, that certain amounts had been paid by the Jagirdar to the Hissedar and that it would be better to determine the amount of arrears payable to the Hissedar. On the 21st of October, 1953, the Jagir Administrator directed the Hissedar to have the amount of arrears due to him determined by a competent Court or to produce a clear authority from the Nazim-e-Atiyat showing the amount off arrears due to him. On the 17th of December, 1953, Nawab Ahmed Baig Khan (Hissedar) died. On the 26th of April, 1954, the respondents 1 to 6 filed a petition before the Nazim-e-Atiyat claiming that they were the heirs of the late Hissedar and requesting him to determine and pay the amount of arrears due to the deceased Hissedar. On the 13th of May, 1954, the Atiyat-e-Intezami rejected the request made by respondents 1 to 6, Respondents 1 to 6 thereupon preferred a revision to the Board of Revenue, which was dismissed on the 17th of November, 1954.

(3.) Respondents 1 to 6 filed a fresh petition and on the 9th of July, 1955, the Jagir Administrator made an order that an amount of Rs. 65,578 (O.S.) was payable by the Jagirdar to Respondents 1 to 6 towards the arrears and that one-fourth of the commutation instalment of the petitioner should be paid towards the liquidation of the above said amount. Against the order of the Jagir Administrator, the petitioner preferred an appeal to the Board of Revenue, which was dismissed on the 31st of October, 1955. The order of the Jagir Administrator, dated the 9th of July, 1955, which was confirmed by the Board of Revenue on 31st of October, 1955, is sought to be quashed in this writ petition.