CHANDROJI RAO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition under Arts. 226 and 227 of the Constitution the petitioner, Col. Sardar Angre, has sought a writ of certiorari to quash the order of the Commissioner dated Dec. 14, 1962, and the order of the Board of Revenue, dated Sep. 22, 1969, and a writ of mandamus directing the State of Madhya Pradesh and the Commissioner not to deduct the amount of Rs. 1,33,897/8/3 from the amount of compensation payable to him under the M. B. Abolition of Jagirs Act, 1951, and to enhance the compensation to the extent of Rs. 3,738/( being 7 times of Rs. 534/- representing the Tanka of village Bhaisakhedi).

(2.) The petitioner Col. Sardar Angre was a Jagirdar of Tahsil Nevri Bhorasa and Panbihar in the erstwhile Gwalior State. In 1948, by merger of several princely State, a new State of Madhya Bharat was constituted. Under the Madhya Bharat Abolition of Jagirs Act, 1951, (hereinafter referred to as the Abolition Act), the petitioner's Jagir was resumed on December 4, 1952, under Section 3 of the Act, by the State, of Madhya Bharat. Section 4 of the Act enacts the consequences of the resumption. Section 8 of the Act provides for determination of compensation to be paid to Jagir-dars in consequence of the resumption. Accordingly, proceedings were taken for the determination of the compensation payable to the petitioner. The manner of determining compensation is provided in Schedule I to the Act. Clause fi) of the schedule defines 'basic year'; Clause (2) defines 'gross income'; Clause (3) defines 'basic income'; Clause (4) defines 'net income' and Clause (5), which defines 'compensatory amount' reads thus :--

(3.) By his order dated January 11, 1958, the Commissioner determined the Compensation payable to the petitioner. Aggrieved by that order, the petitioner preferred an appeal to the Board of Revenue. That appeal (D. B. Appeal No. 16/1958) which was decided on Nov. 9, 1969, was partly allowed. The case was remanded to the Jagir Commissioner with certain directions, holding that (1) Rs. 30,000/- on account of Paiga shall not be deducted as Tanka (per discussion in para. 12); (2) proportionate amount of Tanka for village Bhaisakhedi shall not be deducted fas discussed in para. 13 (a)); and (3) no deduction shall be made on account of land records management (as discussed in paragraph 16).