RAGHURAJ SINGH Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution directed against (i) an order of the erstwhile State of Vindhya Pradesh dated 15th May 1951 by which the lands held by the petitioner were ordered to be assessed to revenue or rent, and (ii) a subsequent demand made on 29th April 1954 pursuant to the earlier order for payment of Rs. 2,220 -3 -9 as arrears of land revenue.

(2.) THE petitioner is the Ruler of Garrauli a native State, which be consented to include in the United State of Vindhya Pradesh on 13th March 1948. However, he submitted a statement showing the property, including the lands formerly held by him as his sir, which he intended to retain as his private property. By a subsequent merger agreement dated 29th December 1949, the State was ceded to the Government of India as from 1st January 1950. Even so, the petitioner was allowed to retain his private property which included his sir lands.

(3.) THE petitioner's case is that under the Covenant entered into with the Government of India on 29th December 1949, he is entitled to the full ownership, use and enjoyment of his private property including the disputed sir lands and he has in the property the same absolute right which he had before the merger. Since he did not pay any revenue or rent for the sir lands prior to the merger, he is not liable to pay land revenue or rent for the lands for any subsequent period. Any law providing for imposition of land revenue or rent on the lands must be regarded as contrary to the Covenant and therefore illegal. The petitioner also contended that there was no Revenue or Rent Law in the Garrauli State authorising assessment of land revenue on the lands. In any event, there could be no justification for giving retrospective effect to the order dated 15th May 1951.