TMI Blog1966 (6) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of the Constitution? These appeals arise out of a petition filed by Raja Anand Brahma Shah of Agori Barhar-Raj under Art. 226 of the Constitution. The State of Uttar Pradesh had issued a notification No. 3549/1/A-499 dated June 30 1953, extending the provisions of Reforms Act, 1950, to apply to the areas to the South of Kaimur Range. It then issued another notification No. 3949/(1)-A-4991949 dated July 1953, directing the vesting of all estates situated to the south of Kaimur including the Pargana Agori, owned by the petitioner. The Pargana Agori is comprised of 123 villages. At the time the petition was filed and the judgment of the Single Judge, dated November 8, 1957, was delivered, s. 3(8) of the Reforms Act stood as follows-.- Estate means the area included under an entry in any of the registers prepared and maintained under clause (a), (b), (c) or (d) of s. 32 of the United Provinces Land Revenue Act, 1901, or in the registers maintained under clause (e) of the said section in so far as it relates to a permanent tenure-holder and includes share in or of an estate. The case of the petitioner in short was that Pargana Agor was not an estate within S. 3( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibed in or prepared or maintained under any other Act, Rule, Regulation or Order relating to the preparation or maintenance of record of rights in force at any time and includes share in or of an estate . Explanation : The Act, Rule, Regulation or order referred to in this clause shall include Act, Rule, Regulation or order made or promulgated by the erstwhile Indian State whose territories were merged or absorbed in the State of Uttar Pradesh prior to the date of vesting notified under section 4 of this Act. In the light of this definition the Division Bench came to the conclusion that only the areas expressly mentioned in the Khewats vested in the State. It accordingly dismissed the appeals filed by the State and partly allowed the appeal of the petitioner. The State filed two petitions for leave to appeal, one against the judgment in Special Appeal No. 267/1957 and the other against the judgment in Special Appeal No. 292/1957. The Raja filed a petition for leave to appeal against the judgment in Special Appeal No. 267/1957. The High Court granted three certificates on August 16, 1963, and three appeals are now before us, all arising out of the one peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rivers Kanhar and Son and thence onward the River Son, forms its northern boundary. in the east and south-east by the territory of the State of Bihar; in the South by Tehsil Dudhi of District Mirzapur; in the South-West and West by the territory of Madhya Pradesh (erstwhile Rewa State); but excluding village Kishun Chak, which is a separate estate within Pargana Agori and is bounded on the North, East and South by village Kon Khas and in the West by village Mohiuddinpur of District Mirzapur. The learned counsel for the State has raised three points before us in the two appeals filed by the State: (1) In view of the impugned Act, Pargana Agori is an estate within the Reforms Act; (2) The High Court was in error in holding that on account of the mention of a wrong area in the khewat the entry cannot be said to be in respect of the entire area; (3) Naksha Pattidaris prepared by Rai Manak Chand in 1843 in connection with settlement operations constituted record of rights. On the first point M On the first point Mr. A. K. Sen, the learned counsel for the Raja, contends that the impugned Act cannot be saved under Art. 31A because it has not been p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary to decide whether Pargana Agor ails within the definition of Mahal as we have come to the conclusion that Pargana Agori is a Jagir or Inam or a grant of a similar nature within clause (a) (i) of Art. 31A(2). But before giving our reasons for this conclusion we will dispose of the contention of the learned counsel that Pargana Agori is an estate within cl. (a) (iii) of that Article. According to the learned counsel for the State any waste land or forest land would fall within clause (a)(iii) He says that it is not necessary that it should be held or let for purposes of agriculture or for purposes ancillary thereto. In other words, he would rewrite clause (a)(iii) as follows:- Clause (a) (iii) (A) any land held or let for purposes of agriculture or for purposes ancillary thereto, (B) any waste land, forest land for pasture, (C) sites of building and other structures occupied by cultivators of land, agricultural labourers and village artisan. We are unable to read clause (a)(iii) in this way. It seems to us that if this was the intention, cl. (a)(iii) would have been split up and waste-land, forest land and land for pasture would have figu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmally installed Mahip Narayan Singh, the daughter s son of Balwant Singh, as successor to Chet Singh. Major Popham and his forces reached Latifpur without opposition and having garrisoned the place with two companies of sepoys under Captain Palmer, proceeded towards Bijaigarh, which he reached after a difficult and trying march. A survey of the height of the fort immediately dispelled all idea of capturing it by escalade. But the Raja of Agori, who had been expelled by Balwant Singh and was now seeking restoration to his ancestral domains, pointed out that the adjoining hill of Lowa Koh commanded the fort and was undefended. Accordingly a battery was at. once thrown up on Lowa Koh, as also on another hill to the north of the fort. On the following day fire was opened from these batteries and resulted in the speedy silencing of the guns of the enemy, which were very ineffectively served. (vide District Gazetteer of Mirzapur-page 237) The sanad is dated October 9, 1781, and the translation reads as follows:- Be it known to Azzat Asar (respected) Adal Singh, Zamindar Pargana Agori. That on the basis of his application it has been learnt that the Zamindari of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of which was ₹ 8001/- and as possession had been obtained at the time of the general settlement in 1788 the Governor- General in Council ordered the assignment to be resumed. Adil Shah died in 1794 and the New Raja became involved in monetary difficulties. Mr. Barton, the then Collector, made certain proposals and they were accepted at Calcutta and orders were issued to him to revise the assessment of Agori- Barhar in such a way as to give the Raja a net profit of ₹ 8,001/- per annum or to allot him, in lieu thereof, a certain number of villages assessed to that amount. Accordingly the revision of certain revenue paying villages took place, and in addition to the villages assigned by Mr. Duncan, certain others assessed to a sum of ₹ 4,000/- were made over to the Raja. This arrangement brought taluqas Agori and Singrauli into the Raja s possesssion, with the result that he became in 1804 both zamindar and jagirdar, or assignee of the Government demand, in taluqas Kon and Agori, Singrauli and 28 villages in Barhar. Paras 11 to 15 of Robert s report dated January 1, 1847, are to the same effect. It seems to us clear from the above facts that Pargana Ago ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s shows that to all intents and purposes Adil Shah had lost the pargana and it was in effect a fresh grant in the nature of Jagir or inam for services rendered to the British. Adil Shah s assertion to title had not been verified. Although it may be one of the reasons for the grant, it is clear that if it had not been for the grant and its enforcement by the British troop , Adit Shah would not have been able to recover the possession of the Pargana. His title to the pargana would rest on the grant and not. the alleged previous title. If it is held, as we do hold, that the area in dispute is a grant in the nature of Jagir or inam and consequently an estate within Art. 3 1A(2), the impugned Act can claim the protection of Art. 3 1A. The notifications dated June 30, 1953, and July 1953, must therefore be upheld. Mr. A. K. Sen further urges that the acquisition of the estate was not for the purposes of agrarian reforms because hundreds of square miles of forest are sought to be acquired. But as we have held that the area in dispute is a grant in the nature of Jagir or inam, its acquisition like the acquisition of all Jagirs, inams, or similar grants, was a necessary step in th ..... 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