PRATAP CHANDRA DEB Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner in this application under Article 226 of the Constitution is one of the sons of late Raja Sri Hrudaya Chandra Birabar Harichandan of Talcher -- an ex-State --which merged with the Province of Orissa with effect from 1-1-1948 and became a part of this State in due course. Raja Hrudaya Chandra died on 11-9-1970. Petitioner claims that upon the death of his father, his elder brother Soubhagya has been accepted as the Raja of the erstwhile State. Under the customary law prevailing in the ex-State of Talcher, junior members and relations of the Raja family were not entitled to claim partition but were entitled to maintenance grants known as 'kharposh allowance' which after being granted became a charge on the revenue of the State, According to the petitioner such customs acknowledged in the 'Pachis Sawal' --an authority relating to practice and custom in the erstwhile eastern States -- has also been judicially accepted. Petitioner claimed such kharposh grant from the State as the State being the successor became obliged and liable to make the grant in accordance with the customary law and the same having not been granted, the writ application has been filed for an appropriate direction to the State to grant the kharposh allowance at the rate of Rs. 500 per month and to pass consequential orders and directions ensuring the grant of the same to the petitioner.

(2.) A counter-affidavit has been filed by the Under Secretary to Government in the Home Department in para 3 whereof it has been alleged:-

(3.) Though in the counter-affidavit and at the hearing an attempt has been made to underestimate the importance and the utility of 'Pachis Sawal' in the matter, we are inclined to accept the submission made before us that 'Pachis Sawal' has been accepted by the Judicial Committee and several High Courts in India for over 100 years as a dependable authority A Bench of this Court in the case d Prabir Kumar Bhanja Deo v. State of Orissa, ILR (1970) Cut 794, after referring to a series of decisions concluded: