BISHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application by Thakur Bishan Singh, Jagirdar of village Nim-bol, under Article 226 of the Constitution of India praying that a writ in the nature of certiorari, prohibition and mandamus or any other appropriate writ may be issued to the State of Rajasthan, and the order made by the State under section 7 (1) (b) of the Marwar Court of Wards Act be quashed.

(2.) THE applicant's case is that in November, 1948, the Government of the former State of Jodhpur placed the Jagir of Nimbol under the management of the Court of Wards on certain grounds. Representations were made against that order, and eventually in September, 1950, the Government of Rajasthan set aside the order of the Government of the former State of Jodhpur, and released the Thikana from the management of the Court of Wards, and handed back the possession to the applicant. THEreafter, on the 18th of June, 1951, the Government of Rajasthan again took over the management of the estate under section 7 (1) (b) of the Marwar Court of Wards Act. THE contention of the applicant is that the order of the Government of Rajasthan under section 7 (1) (b) is in excess of their jurisdiction, and should, therefore, be set aside.

(3.) NOTICE of the subsequent application was given to Government Advocate and we have heard further arguments in that connection. The State has filed the copy of an order passed by the Hon. Minister of Revenue on the 11th of June, 1951, and it is urged that that order is a declaration by the Darbar within the meaning of Section 7 (1) (b ).