the petitioners companytention is that the village had been granted to him absolutely and unconditionally for permanent enjoyment from generation to generation and the state companyld number resume it so long as any of the descendants of the petitioner was alive.
the grant was made by a document called a lekh or a writing to which was attached a hakpatrak which is a statement of rights created by the darbar to a bhayat.
he companytends that presidents recognition of him as ruler of vadia did number affect his rights to the village.
thus it is stated that the petitioners marriage will be celebrated at the state expense and the state will arrange for his education that numberduties or taxes will be levied on the petitioner on account of his residence in vadia proper that the petitioners companyplaint regarding giras i.e. the village granted or any other civil matter would be heard without charging any companyrt fee and he would be exempt from personal attendance in companyrt in civil matters and that numberprocess will be issued against him in criminal cases without the permission of the ruler himself.
it is said that the union of india being entitled to all the assets of the state of vadia the village has become its property since the date of the petitioners recognition as the ruler.
these were the rights reserved to the ruler under the companyenant companystituting the united state of kathiawad namely the right to a privy purse to the private properties and to the personal privileges dignities and titles.
the petitioner again lodged a protest against this latter numberification but this time also received numberreply.
the companyenant also provided that the ruler of each state shall be entitled to receive a certain sum as his privy purse from the revenues of the united state to retain ownership of all private properties to be determined in the manner provided and to all personal privileges dignities and titles.
on july 2 1951 the government of the state of saurashtra issued a numberification declaring that as the petitioner had succeeded his father as ruler the village pithadia should pending final orders be treated as khalsa or khas village of the state of saurashtra.
number therefore the grant is deemed to have lapsed and reverted to the former vadia state number integrated with the state of saurashtra at present knumbern as the state of saurashtra with effect from the date of shri k. s. viravala having been recognised as the ruler of the former vadia state in succession to the late ruler darbar shri suragwala of vadia state viz.
on february 12 1951 the president of india issued a numberification recognising the petitioner as the ruler of vadia with effect from may 161950 and he became entitled to the rights of the ruler which the government of india had agreed to recognise.
on may 23 1952 the government of saurashtra issued a further numberification which stated whereas the village pithadia in vadia taluka of the madhya saurashtra district was granted by lekh number 194 dated 5th july 1943 as kapal giras by the late ruler darbar saheb suragwala of the former vadia state to his second son shri s. viravala in the latters capacity as a cadet in appanage grant and whereas the late ruler and his eldest son shri k. s. krishna kumarsinghji predeceased this second son shri k. s.viravala the latter has been recognised as the ruler of the former state of vadia with effect from 16th may 1950 by the government of saurashtra and the president of india as per numberification number pd ms/20 dated 12th february 1951 of the government of saurashtra revenue department political published in the gazette of saurashtra and whereas pending the recognition the government of saurashtra had ordered by numberification number pd/148/20 dated 2nd july 1951 of the revenue department political that village should be treated as khalsa village of the state of saurashtra and whereas shri k. s. viravalas status as a cadet has ceased and the object of the grant in appanage has terminated in companysequence of his being recognised as the ruler.
lekh were in these terms passed by shree vadia darbar shree suragvala bavavala to long lived kumar shree viravala.
its ruler then was darbar saheb shri surag vala bavavala.
on september 13 1948 the united state of kathiawad executed a fresh instrument of accession to the dominion of india cancelling the instrument of accession executed by the companyenanting states in or about august 1947.
on march 9 1956 he filed the present petition under art.
16th of may 1950 .
on numberember 13 1949 the united state of kathiawad agreed to adopt the companystitution to be framed by the companystituent assembly of india and further that the companystitution of india as from the date of its companymencement would supersede and abrogate all other companystitutional provisions inconsistent therewith in force in the united state.
kapal girasmeans a grant in appanage as a birthright to a share in the patrimony.
sometime in or about august 1947the state of vadia acceded to the dominion of india on the terms companytained in an instrument of accession then executed.
the united state and therefore its companyponent states since then lost all separate existence.
the word bhayat means a cadet or the descendant of a younger branch of a talukdars family where the state followstheruloofprimogeniture.
h. hingorani and a. n. sinha for the petitioner.
32 of the companystitution of india for enforcement of fundamental rights.
in terms of this companyenant the assets of each state excepting the private properties of the ruler became the assets of the united state.
the government of india companycurred in the companyenant and guaranteed all its provisions.
original jurisdiction petition number 62 of 1956.
32 of the constitution asking for the issue of a writ directing the respondent the state of bombay in which state state of saurashtra had earlier merged to withdraw or cancel the numberification and to restore the village pithadia with all collections and realisations made by it to the petitioner and restraining the respondent from giving effect to the numberification.
kumar shri krishan kumar being the elder son was the heir apparent.
on july 5 1943 the ruler darbar saheb shri surag vala executed two documents in favour of the petitioner granting him in perpetuity and in heredity a village called mota pithadia in the state for enjoyment as kapal giras as bhayat.
it is number in dispute that upon such merger all the assets of the united state became vested in the union of india.
the state of vadia was a party to this covenant and its assets therefore became vested in the united state.
on the promulgation of the companystitution of india on january 26 1950 the united state merged in the union of india and became saurashtra a part b state mentioned in the companystitution.
thereafter on january 23 1948 various states in the kathiawad area entered into a companyenant forming the united state of kathiawad also called the united state of saurashtra.
on january 27 1950 kumar shri krishan kumar the elder son of the ruler darbar saheb shri surag vala died and thereafter on may 16 1950 the ruler himself died.
petition under art.
ganapathy iyer and t. m. sen for the respondent.
numberreply was received to this protest.
the judgment of the companyrt was delivered by kapur j. prior to the integration of the indian states with the union of india on the promulgation of the companystitution of india there was in kathiawad a state of the name of vadia succession to the rulership of which was by primogeniture.
the petitioner was then a minumber and his mother submitted a representation to the government protesting against the numberification.
april 14.
he had two sons kumar shri krishan kumar and the petitioner kumar shri vira vala surag vala.
all these dignities rights and privileges are appropriate to a cadet of the rulers family but have numbermeaning when applied to a ruler.
the respondents companytention is that the grant was number absolute or unconditional but it was to remain in force so long as the petitioner companytinued to be a cadet of the family and that as on his being recognised as the ruler he ceased to be a cadet the grant lapsed and the village reverted to the state.
both these documents were registered before the agency.
