CHUDAWAT BAI Vs. COLLECTORDISTT UJJAIN

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution, whereby the petitioner seeks a writ of certiorari for quashing the orders (Annexures X and XI) dt 16-11982 and 7-4-1982, respectively, of the Collector, District Ujjain.

(2.) The short facts essential for the decision of this petition are these:- 2.01. The petitioner is an erstwhile Jagirdar of village Baloda Karan, Tahsil Barnagar, District Ujjain. One Bhola and Shankar (since dead), who was husband of respondent No. 3 and father of respondent No. 4, jointly filed an application on 11-8-1956 under Section 21 of the Madhya Bharat Abolition of Jagirs Act, Samvat 2008 (Act 28 of 1951) (for short, hereinafter referred to as 'the Act') before the Tahsildar, Barnagar, for their being recognised as Pakka tenants of the land in question, contending that they were in occupation of the land since before the coming into force of the Act as sub-tenants of the petitioner, and depositing the amount of money in accordance with Section 22 of the Act. This application was opposed by the petitioner. The Tahsildar, Barnagar allowed the application. Being aggrieved by that order of the Tahsildar, the petitioner filed an appeal before the Collector, Ujjain, respondent No. 1 herein, who partially allowing the appeal of the petitioner remanded the case to the Tahsildar for an enquiry on the limited point which shall be indicated hereinafter at an appropriate stage if necessary. The Tahsildar, after remand, dismissed the application. Being aggrieved by that order of the Tahsildar, respondents Nos. 3, 4 and 5, who are the legal representatives of late Shankar, filed an appeal before the Collector. The Collector allowed this appeal vide his order (Annex. XI) dt. 7th April 1982. 2.02. On the point of exactness and to avoid confusion, it would be useful to mention here that before the second round of appeal before the Collector, the original applicants Bhola and Shankar had died. The legal representatives of late Shankar who are respondents Nos. 3, 4 and 5 herein, were brought on record and they had filed the appeal before the Collector, the decision wherein is the subject-matter of dispute in this petition. In this appeal before the Collector, the legal representatives of Bhola, the original appellant, since dead, were not joined as parties.

(3.) The learned counsel for the petitioner has raised various contentions which are capsulised as under: