GANGARAM Vs. STATE

JUDGEMENT

(1.) THIS is a petition for the issue of a writ in the nature of Mandamus or some appropriate order or direction against the State. The petition alleges that the applicant was a tenant of a portion of land known as the Sewage farm Gwalior from 1935 to 1942: that in 1942 the then Gwalior Government ordered acquisition of the land and property situated upon it for the purpose of handing it over to the Gwalior Dairy Company Ltd. and accordingly on 1 -7 -1942 the applicant was forcibly ejected from the land contrary to the terms of the agreement; that after the above event the applicant applied to the Government to compensate him for the loss and to give him fresh land for cultivation; that the matter regarding giving of the land remained pending before the then Gwalior Government: that after the formation of Madhya Bharat Mr. Syad Hamid Ali the then Minister appointed Mr. Ramkrishna Dixit as an arbitrator for deciding the dispute; that after perusing the record and hearing the parties Mr. Ramkrishna Dixit gave his award in which he recommended the Government to hand over 60 acres of land of the Sewage Farm after the termination of the lease of the Gwalior Dairy Ltd.; that Shree Syad Hamid Ali confirmed the said award and passed orders accordingly; that after' the said order of the Minister the Government published a notice inviting tenders for the same land in the Government Gazette dated 15th April, 1950; that the applicant, after the said Notification protested against it but to no effect; that the applicant has been deprived of the valuable right by not receiving the possession of the land to which he is entitled. On these allegations the Petitioner prays that a writ of Mandamus or some other appropriate order or direction be issued directing the non -applicant to execute the order passed by Shree Syad Hamidali.

(2.) IN the return filed against the petition the Secretary Local Self Government states that it is emphatically denied that the former Gwalior Government ejected him in breach of any agreement; that the Petitioner had been given a lease for seven years in 1935 which lease expired on 30 -6 -1942; that after due notice on 14 -5 -42 possession was taken from him and the Petitioner took back the deposit he had made in connection with the lease; that it is untrue that Shree Ramkrishna Dixit recommended to the Government to hand over 60 acres of the land to the Petitioner after the termination of the lease of The Gwalior Dairy Ltd.; that there was no lease or an agreement of lease made between the Petitioner and the opposite party; that it is emphatically denied that any Government orders were passed; that the Gwalior Dairy Ltd. claims a right to continue in possession firstly on the strength of the revenue law then in force in Madhya Bharat and secondly on the basis of an order passed by the ruler of the former Gwalior State in 1942; that the land is held by and is in the actual possession of the Gwalior Dairy Ltd.;

(3.) IN - 'Mohammad Ibrahim v. High Commissioner for India in Pakisthan' Mis. Petn. No. 46 of 1950 (Nag) Mangalmurti and Mudhol - kar JJ. held as follows: