RAGHVENDRA BALASAHEB HUILGOLKAR Vs. SECRETARY OF STATE

JUDGEMENT

(1.) The plaintiff, who is the inamdar of three villages in the Gadag Taluka, sued for a declaration that the survey carried out by the defendants was illegal, and that it could not affect the plaintiff's right in any way, and for an injunction to the defendants not to recover the expenses for the said survey from the plaintiff.

(2.) On December 15, 1921, Government purporting to act under the powers conferred by Section 135A of the Bombay Land Revenue Code, 1879 (Bom. Act 5 of 1879) and in modification of Government Notification in the Revenue Department. No. 263, dated January 12, 1904, as subsequently amended, by which certain class of villages and lands were exempted from the operation of the Bombay Land Record of Rights Act, 1903 (Bom. Act 4 of 1903), was pleased to cancel the said order of exemption so far as it applied to the lands in the villages of the Dharwar district mentioned in the notification and to direct that the provisions of Chapter X-A of the said Code should apply to the said villages.

(3.) The three villages, of which the plaintiff is the inamdar, are mentioned in that notification. The Government had power to issue that notification, under Section 21 of the General Clauses Act (Bom. Act 1 of 1904) so far, at any rate, as the first part of it was concerned.