DAULAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE are two connected cases by Daulatsingh (31) and Himmatsingh (35) under Art. 226 of the Constitution praying for the issue of the writ in the nature of mandamus or prohibition or any other writ or direction or order restraining the opposite party namely, the Collector, in one case of Nagour, and in the other case of Pali, from executing the order of maintenance passed in favour of majis of the thikana of which the applicants are Jagirdars.

(2.) THE case of Daulatsingh is that the Mahakma Khas of the former State of Jodhpur fixed a maintenance allowance of Rs. 57/- per month for the maji in October, 1945. In March, 1953, an application for recovery of arrears of maintenance amounting to Rs. 855/- was made, and the Collector of Nagaur passed an order directing the Tehsil-dar to attach thikana property with a view to realize these arrears. THE Tehsildar thereupon attached certain movable property belonging to the thikana. THE present application was made in May, 1953, and the main contention of the applicant in this case is that there is no power in the Collector to execute the order of the 1st October, 1945, by attachment of the property of the thikana.