AHMEDALI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) All these petitions are on identical grounds against the State Government, by six different grantees of certain uncultivated forest lands, the uncleared portions of which have been resumed by Government after notice to show cause, by orders passed on 27-10-1956. The grounds were that the grantees have violated the conditions of the grant, and it had been further expressly specified that such violation should lead automatically to the cancellation of the grant by Government, and the taking over of the land, and the realization, according to the procedure for arrears of lands revenue, of the value of the produce, if any collected by the defaulting grantees. The Government has, however, given these grantees, such areas or patches as had already been cleared and made cultivable. It is also not allege that any sums have been realised according to the last condition. The prayer is for the issue of appropriate writs or directions, directing the State Government to withdraw its order of cancellation of pattas and resumption of part of the lands granted.

(2.) Though in their statements, the parties refer to a long course of events, the actual controversy can be summarized under the following headings:

(3.) For our purpose, the following facts are relevant; The petitioners are the residents, of and the properties are located in, what used to be the State of Bhopal before the 1st of June, 1949, when in accordance with covenant dated 30-4-1949, the Government of India took it over. Well before this, both in 1939 when the war started and in 1945 when it terminated, the Bhopal Government had notified its intention to reward meritorious military service by grant of lands to the ex-military personnel for being brought under cultivation. However, for nearly four years after the latter announcement, nothing was heard of it. But suddenly in May 1949, fifteen days after the. covenant, and six weeks before the actual taking over by the Government of India, the six petitioners were granted areas under for-est, for the purpose of reclamation for cultivation thus- Ahmad Ali (petition No. 37) 100.6 acres Sved Hamidul Hasan (No. 101.4 38) acres Capt. Masud Husan Khan 406.06 (No. 39) acres. Iqbal Ahmed (No. 40) 52.58 acres. Mahmood Ali (No. 41) 49.63 acres. Israrul Haq (No. 42) 104 acres. This was a special type of tenancy advantageous to the grantee and called 'pagras' authorized by Section 53 (d) of the Bhopal Land Revenue and Tenancy Act with the terms and incidents incorporated in agreements with the grantees executed on 23-7-1949 after the taking over by the Government of India; the conditions relevant for these proceedings are :