ANANT RAO Vs. STATE

JUDGEMENT

(1.) This matter was heard its lastly on 4-1-1988. On that date Shri V.K. Sapre appearing for the petitioner before us Madhaorao Phalke's case, AIR 1961 SC 298, in support of his contention. It was then pointed out to learned counsel that the decision would not avail the petitioner because of the constitutional mandate inscribed in Articles 13 and 23 of the Constitution, and he was given time to examine the position. Counsel concedes today that he could not lay his hands on any authority to overcome the hurdle pointed out to him. We proceed, therefore, to dispose of the matter in terms of the constitutional imperative without tarrying further.

(2.) In this matter, the petitioner has prayed for a writ of mandamus directing the State of Madhya Pradesh to make payment to the petitioner of a sum of Rs. 1556.50 p. annually to which he claimed to be entitled by virtue of the Sanad dated 18-10-1942, granted by the erstwhile Ruler of the State of Gwalior. That is Annexure-III to the petition. Under the Sanad the grant claimed was made in the name of Sardar Rao Raja Ganpat Rao Rathunath Rao Rajwade. The grantee, it is admitted, was petitioner's great grandfather but under the Sanad the right to receive the grant is reserved also for the descendents of the grantee in the main line. Another document Annexure-V is also placed for due consideration by Shri Sapre to press another claim of the petitioner in respect of a sum of Rs. 360/- to be paid annually to Sardar Ramchandra Rao Saheb Rajwade who was petitioner's father. Accordingly, the admitted position is that the petitioner has preferred claim for payment by the successor sovereign namely, the State of Madhya Pradesh, of cash grants which were payable to his ancestors under Annexures-III and V by the erstwhile ruler of Gwalior State.

(3.) The other fact admitted and not denied is that petitioner's ancestors were Jagirdas under the erstwhile Gwalior State and during the life time of petitioner's father, in virtue of the Madhya Bharat Abolition of Jagirs Act, Samvat 2008 (for short, the 'Act'), proceedings taken for resumption of Jagir lands held by him. In those proceedings compensation was paid for resumption of the Jagir lands. The case of the respondent-State is that nothing remains payable to the petitioner, as all claims of his father as Jagirdar were settled to his satisfaction in those proceedings in accordance with the provisions of the Act.