RAO MANOHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE are connected writ applications under Article 226 of the Constitution of India presented by certain Jagirdars holding their Jagirs in what is now the Udaipur Division, but what was formerly the State of Udaipur, praying for a writ of Mandamus or any other appropriate writ or direction against the Rajasthan State with the object of preserving their alleged rights to manufacture liquor and to the receipt of certain cash grants in the same connection, alleged to have been enjoyed by them hitherto, but of which they have been deprived since 1952 A.D.

(2.) THE case of all the petitioners with the exception of the Jagirdars of Jawas and Sarwan (Writ application No. 145 of 1952 and No. 41 of 1953) is one and the same, and even the case of the two Jagirdars above-named presents the same features save that they claim the setting up of their Thikanas before the Ruling House of Mewar was founded in Udaipur, and, therefore, they claim to possess the right not merely to manufacture liquor for their personal consumption like other petitioners but also for purposes of sale. Leaving aside this differentiating feature for the moment with, which we propose to deal at the proper place, the case of all the petitioners is that they had been from time immemorial in enjoyment of the right to manufacture liquor and also to sell it within their Jagirs until in 1931 A.D. the Government of the former state of Udaipur, as it then was, took over the excise administration in the entire territory of that State and partially acquired the excise rights of the petitioners and granted to them in lieu thereof a certain amount of cash compensation and further allowed them the right to distil a certain quantity of liquor for their personal consumption, the cash allowances and the quantities of liquor to be privately distilled varying between the various Thikanas. THE petitioners claim that the said obligations of the covenanting State of Udaipur devolved upon the respondent State of Rajasthan, by virtue of the provisions of Article 6 of the Covenant entered into at the time of the integration of the States which now form the Rajasthan State and also by virtue of Article 295(2) of the Constitution. THE contention of the petitioners is that their rights to distil liquor and as to the monetary compensation were rights of property and as such stood guaranteed to them as a fundamental right under Article 31 of the Constitution and that these were enjoyed by them even after the integrated State of Rajasthan had been formed up to 18-7-1952. On the date last-named, however, the Rajasthan State terminated the arrangements above referred to by two notifications which were both issued as No. P. 41(1)S.R../51, and one of which purported to have been issued under Section 71(2), Rajasthan Excise Act, 1950 (Act No. 2 of 1950), and the other, it is contended, was issued under no law at all. It is thus claimed that the action taken by the State violates Article 31 of the Constitution inasmuch as the petitioners have been deprived of their rights of property without the authority of law and further without any compensation having been granted to them, and, therefore, such action is void and illegal and inoperative. THE petitioners pray, therefore, that the respondent 'State of Rajasthan be enjoined by a writ of mandamus to forbear from giving effect to the notifications referred to above and to others to the pre-existing arrangements as regards the distillation of liquor and the payment of cash compensation to the petitioners.

(3.) WE now turn our attention to the document which constitutes the very foundation of the claim of the petitioners in the present case. This is marked as No. 13 by the petitioners and is dated Sawan Sudi 5, Smt. 1987, and was addressed by the Mehkma Khas of the former State of Udaipur to the Madak Prachar Sudharak Sabha which was, to all intents and purposes, the Excise Department of that State and will hereinafter be referred to as "the Sabha". WE propose to summarize the contents of this order. It provided in its introductory para that the control as to manufacture, distribution and sale of iiquor within the Jagirs of the "Umraos" (who constituted a very important and influential class of Jagirdars in Mewar) has been taken over from them and placed in the hands of the Sabha and that the new arrangements would come into force from 1-1-31, In para. 1, it was provided that in lieu of the taking over, a monetary compensation amounting to 20 per cent, over and above the excise income of the Thikana for the Smt. Year 1980 would be payable annually. It was further provided that this amount would be drawable in two half-yearly instalments from the nearest sub-treasury or the excise department whichever was nearer and would be exempt from any attachment whatsoever. In para. 2 it was provided that the Sabha would have the power to permit a Thikana to set up, at the maximum, a hundred stills annually for manufacturing liquor,' under the former's supervision, but such distillation would be exclusively for the personal or domestic consumption of the Jagirdar, each still being considered equal to one maund of liquor. It was also laid down that small presents as between Jagirdars who enjoyed the privilege of private distillation would be permissible but the Sabha would have to be informed of such presents if and when made. Paragraph 3 of the notification provided that on occasions of marriage or other ceremonies, the Jagirdars would be supplied liquor up to such quantity as the Sabha thought proper at cost price or alternatively the Sabha may permit the setting up of additional stills for distilling liquor for such occasions under its own supervision. By para. 4 it was further provided that if at any time, the income to the State from the sale of liquor within a particular Thikana might fall below 50 per cent, of the Thikana income of Smt. 1980, which, it will be remembered, was considered to be the base for the calculation of the monetary compensation, it would be open to the State to re-consider the quantum of the cash compensation payable to that Thibana. Lastly, it was laid down that if for any reason, the income of the State from the manufacture, distribution or sale should cease altogether, then the compensation and the amenities referred to above would also automatically end.