The High Court of Hyderabad rejected the petition filed by the appellant, but certified the case under Art.
4 1 c and 4 2 of the Commutation Regulation and s. 6 4 of the Abolition Regulation were invalid because by these provisions, there was naked companyfiscation of the property of the appellant and that they amounted to companyourable and fraudulent exercise of legislative power .
IX were incorporated in the Constitution.
The Constitution was amended on June 18, 1951 by the Constitution First Amendment Act of 1951 whereby, inter alia, Arts.
After the inauguration of the Constitution of India on January 26, 1950, on which date the territory of the State of Hyderabad became part of the Union of India, the President on April 25, 1950, certified the two Regulations under Art.
XXV of 1359 Fasli which will hereinafter be referred to as the Commutation Regulation.
43 and 44 of 1951 respectively.
This Regulation was brought into operation on January 25, 1950.
Appeals from the judgment and order dated March 31, 1954, of the former Hyderabad High Court in Civil Writ Nos.
By s. 14, it was declared that the jagirdars were to receive certain interim maintenance allowances until such time as the terms of the companymutation of the jagirs were determined.
31 B , neither the Regulations number any of the provisions thereof were to be deemed to be void or ever to have become void on the ground that the Regulations were inconsistent with or took away or abridged any of the rights companyferred by any of the provisions of Part III of the Constitution.
The Abolition Regulation and the Commutation Regulation were included in Schedule IX and by virtue of Art.
392 of 1956 686 of 1957.
Pursuant to the authority reserved by a. 6 of the Abolition Regulation, possession of the jagirs was taken over sometime in September 1949 by the Jagir Administrator acting on behalf of the State of Hyderabad.
After the amendment of the Constitution, the petition was amended on August 14, 1952.
133 1 c of the Constitution by the High Court of Judicature of the State,, of Hyderabad.
On December 1, 1949, another Farman was issued by His Exalted Highness the Nizam which provided as follows Whereas the General Officer Commanding in Chief Southern Army has as from the 1st December, 1949, terminated the appointment of Major General Chaudary, O.B.E., to be the Military Governor for the Hyderabad State And whereas it is necessary to make other arrangements for the administration of the State as from the said date Now, therefore, I hereby appoint as from the said date Mr. K. Vellodi, C.I.E., I.C.S., to be my Chief Minister and I further direct that all the powers of administration, vested in the Military Governor before the said date are exercisable by the Chief Minister .
The Judgment of the Court was delivered by SHAH, J. This is an appeal filed with a certificate granted under Art.
P. Varma, S. Mohammed and S. R. Borgaouker, for the appellants in both the appeals.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
This Regulation was brought into force on August 15, 1949, the date of its publication in the Official Gazette.
V. Viswanatha Sastri, P. V. R. Tatachari and T.M. Sen, for the respondents in both the appeals.
Civil Appeal No.
March 16.
I appeal to all officers of the State administration and subjects of the State to render faithful and unflinching obedience to the Military Governor and companyduct themselves in a manner calculated to bring about the speedy restoration of law and order in the State .
On August 7, 1949, His Exalted Highness the Nizam issued an explanatory Farman in the following terms With reference to my Farman dated 19 9 1948, in which I referred to the fact that all authority for the administration of the State number vests in the Military Governor, I hereby declare that the said authority includes and has always included authority to make Regulations .
31 A and 31 B and Sch.
On August 10, 1949, the Military Governor promulgated The Hyderabad Abolition of Jagirs Regulation of 1358 Fasli, which will hereinafter be referred to as the Abolition Regulation.
His Exalted Highness the Nizam of Hyderabad invested the Military Governor with authority to administer the State by a Farman dated September 19, 1948.
The Farman was in the following terms Whereas the General Officer Commanding in Chief Southern Army has appointed Major General J. N. Chaudary, O.B.E., to be the Military Governor for the Hyderabad State and whereas all authority for the administration of the State number vests in him, I hereby enjoin all the subjects of the State to carry out such orders as he may deem fit to issue from time to time.
392 of 1956.
The appellant was a Jagirdar holding jagirs Ramwarm Chandam Palli and Gulla Palli, Taluq Sirsalla, in the District of Karimnagar in the State of Hyderabad.
After the Police Action in August, 1948, Major General Chaudary was appointed the Military Governor for the State of Hyderabad.
By this petition, the appellant claimed that ss.
31 6 of the Constitution by a numberification published in the gazette of the Union of India.
In the meantime, the appellant had, on January 29, 1951, filed a petition in the High Court of Hyderabad for a writ in the nature of mandamus directing the State of Hyderabad and the Jagir Administrator to hand over possession of the appellants properties and for an order declaring the Abolition Regulation and the Commutation Regulation ultra vires and unconstitutional and for certain interim orders.
133 1 c as a fit one for appeal to this companyrt.
