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State Of Vindhya Pradesh Brijinder Singh Versus Moradhwaj Singh State Of Vndhya Pradesh

1960 (2) TMI 59 - Supreme Court Of India

Civil Appeals Nos. 40 to 110 of 1955 - Dated:- 24-2-1960 - Sinha Bhuvneshwar P., Imam Syed Jaffer, Sarkar A.K., Wanchoo K.N. And Shah J.C., JJ. C. K. Daphtary, Solicitor-General of India, M. Adhikari, Advocate-General for the State of Madhya Pradesh and I. N. Shroff, for the appellant K. B. Asthana, S. N. Andley, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the respondents JUDGMENT: Wanchoo K.N., These seventy-one appeals on certificates granted by the Judicial Commissioner of Vindhya P .....

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. 110) is by the Brijindar Singh, a jagirdar. The case of the petitioners in the Court of the Judicial Commissioner was that the Act was unconstitutional as various provisions in it placed an unreasonable restriction on the exercise of the fundamental rights guaranteed to the petitioners under Part III of the Constitution. The Judicial Commissioner held that the Act was constitutional, except for three provisions thereof, namely, S. 22(1), s. 37 and cl. (4) (e) of the Schedule to the Act. The se .....

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urt in The State of Bihar v. Maharajadhiraja Sir Kameshwar Singh ([1952] S.C R. 889.), Visweshwar Rao v. The State of Madhya Pradesh ([1952] S.C R. 1020) Raja Suriya Pal Singh v. The state of U.P. ([1952] S.C.R. 1056), K. C. Gajapati Narayan Deo v. The State of Orissa ([1954] S.C.R. 1.), Thakur Amar Singhji v. The State of Rajasthan ([1955] 2 S.C.R. 303), Raja Bhairebendra Narayan Bhup v. "he State of Assam ([1956] S.C.R. 303), Sri Ram Ram Narain v. The state of Bombay ([1939] SUPPL. (1)S.C .....

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r their own costs of this appeal. Now we turn to the appeals by the State. The object of the Act is to resume jagir-lands. Sec. 5 provides for the appointment of a date for the resumption of any class of jagir-land by notification and power is given to the State Government to fix different dates for different classes of jagir-lands. Sec. 6 provides for the consequences of such resumption. Sec. 7, however lays down that notwithstanding anything contained in s. 6, certain lands will remain in poss .....

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s for an application by the jagirdar for allotment of land for personal cultivation. See. 21 provides for an enquiry by the Tahsildar on such application in the prescribed manner, and the allotment of land and the issue of a patta thereof to the jagirdar having regard to the remaining provisions of the Chapter. Then comes s. 22, which may be quoted in full- " (1) A jagirdar shall be allotted all sir and khudkasht lands which he was cultivating personally for a continuous period of three yea .....

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te land in the jagir-land subject to availability of such land, so that- (i) in a case falling under cl. (a), the total area allotted to him under this sub-section is equal to the minimum area, and (ii) in a case falling under cl. (b), the area allotted to him under this sub-section together with the area allotted under sub-section (1) is equal to the minimum area. Explanation-In this sub-section, the expression minimum means ten per cent. of the total cultivated land in the jagir-land at the da .....

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. 22(1) is a colourable piece of legislation. The scheme of s. 22 is to give effect to s. 7(a) by which certain lands were allowed to remain in the possession of the jagirdar. Section 22(1) lays down that all sir and khudkasht lands which a jagirdar was cultivating personally for a continuous period of three years immediately preceding the date of resumption shall be allotted to him by the Tahsildar. Sub- section (2) provides for those cases where there is no land which can be allotted to a jagi .....

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h land upto that area. The minimum area means ten per cent. of the total cultivated area in the jagir at the date of resumption or 30 acres whichever is greater subject to the proviso that in no case the minimum area shall exceed 250 acres. In other words, s. 22 (1) provides that in the first instance the jagirdar will get all his sir and khudkasht land which he had been cultivating for three years continuously before the date of resumption. If, however, there is no such land or if the land of t .....

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rovisions of sub-s. (2) are subject to a minimum of 250 acres. We have not been able to understand how these provisions can be called a piece of colourable legislation. The learned Judicial Commissioner seems to be of the view that as a period of three years' continuous cultivation is made a condition of allotment under s. 22(1), there is discrimination between jagirdars and other occupants of land in whose case s. 28(1) provides that every person who is entered in the revenue record as an o .....

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d as possible subject to the minimum and that this was done to create in- convenience to the jagirdars whom the legislature did not like. He therefore thought that such legislation was altogether outside the power of the legislature and was invalid as a colourable piece of legislation. In the first place we cannot see how any discrimination can arise in circumstances like this, for the jagirdars are obviously one class while the occupants of lands other than jagirdars belong to another class. Se .....

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a colourable piece of legislation has been laid down by this Court in K. 0. Gajapati Narayan Deo v. The State of Orissa ([1954] S.C.R. (1)). It was pointed there that :- "The question whether a law was a colourable legislation and as such void did not depend on the motive or bona fides of the legislature in passing the law but upon the competency of the legislature to pass that particular law, and what the courts have to determine in such cases is whether though the legislature has purporte .....

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he Seventh Schedule. There is no question here of transgressing those powers and veiling the transgression under a pretence or disguise. We do not think it was proper for the Judicial Commisisioner to ascribe motives to the legislature as he seems to have done by saying that the provision was made for creating inconvenience to a class whom the legislature did not like. Nor do we think that there is any force in the argument that art. 31-A has no application to provisions dealing with allotment o .....

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now turn to s. 37 of the Act. That section appears in the procedural part of the Act and is as follows:- " (1) No civil court shall have jurisdiction to settle, decide or deal with any question which is, by or under this Act, required to be settled, decided or dealt with by the Tahsildar, the Deputy Commissioner, the Land Reform Commissioner, or the Board of Revenue. (2) Except as otherwise provided in this Act no order of a Tahsildar, a Deputy Commissioner, the Land Reform Commissioner, or .....

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is repugnant to s. 9 of the Code of Civil Procedure, inasmuch as it takes away the jurisdiction of the civil court which it has under that section. Sec. 9 lays down that the civil courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. Sec. 9 therefore gives jurisdiction to civil courts to try all suits of a civil nature excepting those which are expressly or impliedly barred by any other law. The provis .....

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ng the jurisdiction of a civil court, the jurisdiction of the civil court to take cognizance of such suit, even though of a civil nature, is ousted. It was in our opinion unnecessary to go into s. 22 of the Government of Part C States Act, No. XLIX of 1951 and compare it with art. 254 of the Constitution in this connection. Sec. 37 does not in any way affect s. 9. All that it provides is that civil courts shall have no jurisdiction to hear certain matters of a civil nature; and s. 9 expressly re .....

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that s. 37 is ultra vires the powers of the Vindhya Pradesh legislature is not correct. Lastly we come to el. (4) (e) of the Schedule. The Schedule provides for the method of computing compensation. Clause (3) lays down the manner in which the gross income of a jagirdar shall be arrived at. Clause (4) lays down how net income will be arrived at after making certain deductions. One of these deductions is in sub-cl. (e) of this Clause, which is as follows:- "Where the jagirdar is allotted any .....

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