SARDAR MAHARAJ CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE fate of this writ petition hinges on a very short and simple point, though challenge on the ground of violation of the recognised rule of natural justice of hearing has also been faintly urged by the petitioner's learned counsel. The main point however, is whether the petitioner's case falls within the provisions of the Punjab Resumption of Jagirs Act 1957 (hereinafter to be called the Act ).

(2.) IN order to appreciate the controversy, the facts may briefly be narrated. The petitioner claims to belong to a notable family of the Punjab having long standing relations with the ruling family of the erstwhile Kapurthala State. The petitioner and other members of his family rendered meritorious services to the ruling family and also to the State of Kapurthala, and indeed the petitioner himself rendered valuable service during the second World War, at the same time liberally contributing to the war fund and providing other amenities to the soldiers. The petitioner was rewarded by the ruling Chief of the Kapurthala State by conferring on him the honour of being his Darbari and also Honorary Musahib. On 17-2-1945. His Highness the Maharaja of Kapurthala was further pleased to order in favour of the petitioner a cash grant of Rs. 250 per annum which was described as Khillat allowance. This grant was to enure for the lifetime of the petitioner and was a personal honour and distinction conferred on him in reward of war services. On 20-8-1948, the State of Kapurthala was integrated with the new state of Pepsu. This new State also continued paying the said allowance to the petitioner till 18-9-1951, when it was arbitrarily stopped. A suit was instituted by the petitioner seeking a declaration that he was entitled to receive this allowance for the rest of his life. This was ultimately disposed of by a Division Bench of this Court on 27-10-1960 in which it was held that the petitioner's right to receive the personal allowance could not be taken away by the new State. After this decision, the petitioner applied to the State claiming the Khillat allowance In the meantime the Act was brought on the Statute book with effect from 13-11-1957. By means of a letter dated 24-8-1961, the Deputy Secretary to the Punjab Government, Revenue Department informed the petitioner that he was entitled to receive the Khillat allowance up to 13-11-1957 and that thereafter payment of this allowance stood resumed under the provisions of the above Act. The petitioner approached this Court under Article 226 of the Constitution (C. W. No. 1386 of 1961) against the order intimating him that the payment of the allowance had stood resumed. A learned Single Judge of this Court allowed this writ petition in the following words: "the impugned order is not an order of any officer of the State Government, but it purports to be that of the State Government itself and it is possible to hold the view that the power under Section 8 cannot be invoked. As the petitioner would have no objection to a formal determination of the matter by the State Government, I give a direction that it should give a finding on the question whether the allowance claimed by the petitioner is a Jagir under Clause (d) of Sub-section (1) of Section 2 of the Act. All that has been said in the written statement of the respondent State is that the 'khillat allowance' is not a pension and is resumable as a Jagir under the Punjab Resumption of Jagirs Act, but actually there does not appear to have been any formal adjudication of this question. The petition is accordingly allowed to the extent that the State Government would be required to give a definite decision on the point raised in this petition, namely, whether the allowance claimable by the petitioner is or is not a Jagir?" It is after this decision by Shamsher Bahadur J. that the Government is understood to have made the order contained in the memorandum dated 29-9-1963 resuming the Khillat allowance and it is this order which is attacked in the present proceedings.

(3.) NOW, according to the memorandum, Annexure 'g' to the writ petition, the Government has examined the case and is of the opinion that since Khillat was a cash grant to S. Maharaj Chand in respect of his office as an Honorary Musahib and State Darbari, it is covered by the provisions of the Punjab Resumption of Jagirs Act, 1957 and consequently stands resumed under Section 3 of the Act.