SHAZAD KHAN Vs. JHALLU SINGH AND OTHERS

JUDGEMENT

(1.) IN this case, counsel for the petitioner moves for an order of prohibition restraining the Tehsildar of Bhind from continuing with proceedings under S. 38(b) of the Madhya Bharat Zamindari Abolition Act, 1951 for the conferment of the status of pacca tenants on the non -applicants Nos. 1 and 2. Before the enactment of the Madhya Bharat Zamindari Abolition Act, 1951 the petitioner was a Maurusi tenant of certain lands mentioned in the petition and had sublet the holding to the non -applicants Nos. 1 and 2.

(2.) CLAUSE 2 then specifies the amounts which the different types of sub -tenants are required to pay for the acquisition of pacca tenancy rights, and contains a proviso that

(3.) AS to the contention that there was no public purpose behind the provision, in view of the authoritative pronouncements of the Supreme Cot in - - 'Raja Jagaveera Rama v. State of Madras',, AIR 1954 SC 257 (F) and - - 'Gajpati Narayan Deo v. State of Orissa', : AIR 1953 SC 375 (G), that argument is not, now, open to the petitioner. In both these cases, it has been ruled that the existence of a public purpose is not a justiciable issue in case of an enactment which having fulfilled the requirements of cl. 4 of Art. 31 of the Constitution enjoys the protection afforded by it.