R S MANOHARSINGHJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application by Rao Sahib Mahonar Singhji, Jagirdar of Bedla under Art. 226 of the Constitution of India against the State of Rajasthan for the issue of writ of mandamus or such further and other writ direction or order as may seem fit and proper.

(2.) THE case of the applicant is that he is the owner of the Jagir of Bedla which is situate in the former State of Mewar, now included in the State of Rajasthan. THE former State of Mewar was integrated in 1948 to form what was known as the former United State of Rajasthan. THEre was a further integration in April and May 1949 by which the former United State of Rajasthan was amalgamated with the former State of Bikaner, Jaipur, Jaisalmer and Jodhpur and the former Union of Matsya to form the present United State of Rajasthan. THE former State of Rajasthan passed three Ordinances : No. XXVII of 1948, No. X and No. XV of 1949 in connection with the Jagirs there. By virtue of the powers under these Ordinances, the former State of Rajasthan assumed management of the Jagirs including the Jagir of Bedla. THE applicant alleged that these three Ordinances were ultra vires of the Constitution of Mewar which was continued by the Administration Ordinance No. 1 of 1948 of the former United State of Rajasthan. It is further contended that these Ordinances, in any case, became void under Art. 13 (1) of the Constitution of India read with Arts. 14 and 31. After the present State of Rajasthan came into existence finally in May 1949, these Ordinances remained in force in a part of the area of the present State with the result that while the management of the Jagirs was taken by the State in that area, the Jagirs in the rest of Rajasthan remained with the Jagirdars. Consequently, there was discrimination as between Jagirdars and Jagirdars and the Jagirdars of the area covered by the former State of Rajasthan were denied equality before the law and the equal protection of the laws in view of the continuance of these Ordinances. THErefore, the Ordinances became void on the coming into force of the Constitution of India on the 26th of January, 1950.

(3.) WE now turn to Art. 31 (2 ). The crucial point which falls for consideration is whether the State has taken possession of any property of the applicant and whether mere taking over of the management would amount to taking possession of the property. It appears that perhaps in the beginning when Ordinances Nos. X and XV of 1949 came into force, the subordinate officials acted a little too zealously and interfered with all kinds of rights of Jagirdars. But we have to look to the position which has crystallized now to decide whether the Ordinance, of 1949 are hit by Art 31 (2 ). That position will be clear from certain orders which have been passed by the Government from time to time. A book containing such orders has been produced before us on behalf of the applicant and it is not denied that the orders contained in the book are correct. These orders may be divided into two parts. The first set of orders provide what should be done with the revenue that is to be collected. Those orders are contained in two Government Orders, namely No. 1107/x/49 of 20th August, 1949 and Memo No. F. 4 (306) Rev. II/50 dated the 22nd of July 1950. By the first order, which was marked 'confidential', the Jagirdars were allowed a certain percentage out of the amount actually collected minus Chathund Chakri or tribute. The allowances were on the following basis : - Rs. 2000 or below. . . . . . 95% Rs. 2001 to 20000. . . . . . '80% but not less than Rs 1900/- Rs. 20001 to 50000. . . . . . 65% but not less than Rs. 16000/- Rs. 50001 to 100000. . .- 50% but not less than Rs. 32500/- above Rs. 100000. . . . . . 40%" but not less than Rs. 50000/-