(1.) The above noted writ petitions under Art. 226 Of the Constitution of India and references made by the subordinate Courts under Art. 228 of the Constitution involve the determination of the same question as to the interpretation of the Constitution and vires of the Pepsu Court of Wards Act, 2008 Bk. (Act No. 1 of 2008 Bk.). They will, therefore, be disposed of by one judgment. (1) Shri Benarsi Das Modi V. the State of Pepsu and Ors.
(2.) On 22-3-1955 following notification was issued from the office of the Financial Commissioner (Court of Wards) Patiala:
(3.) On 30-5-1955, Benarsi Das Modi submitted the present petition under Article 226 of the Constitution of India challenging the order of the Financial Commissioner as well as vires of Act No. l of 2008. He has submitted a long petition. He submits that he is an industrialist and businessman, owning mills, house property, and factories and also carrying on business in grain. His main occupation was trade. He also owns some land out of which he gets insignificant profits. In the course of his business he sustained some losses and by disposing of some property he paid off his debts. He was managing his business well. He further submits that he was neither a minor nor did he suffer from any physical or mental defect or infirmity nor had he ever been convicted of a non-bailable offence. He was capable of managing his affairs. His allegations are that all his business undertakings were taken over by the State and his business was at a stand-still. As a consequence of this he was suffering great loss.