RANOJIRAO MADHAVRAO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS order will also govern the disposal of Misc. Petition No. 22 of 1963.

(2.) THESE are two petitions under Article 226 of the Constitution of India challenging the validity of the Madhya Pradesh Abolition of Cash Grants Act, 1963 (hereinafter referred to as the Act.) The petitioners seek a declaration that the Act is invalid, ultra vires and unenforceable and pray that the opponent State be restrained by a suitable direction from putting the Act into operation.

(3.) ONE of the petitioners claims to be the recipient of a cash payment of Rs. 500 per month as a muafidar from the respondent-State. The other petitioner says that as a silledar he is entitled to receive a cash payment of Rs. 72. 50 np. per month from the State, The petitioners claim that their right to receive these cash payments is "property right" and that the impugned legislation has been enacted for the purpose of depriving them and other "recipients of cash grants" of their property rights. Shortly stated their contentions are that the Act is ultra vires the Constitution in that: