The main defence of the State Government was that item No.
On March 31, 1953 the appellant filed the present suit in the Court of the District Judge of Bharatpur for the recovery of the excess amount of customs duty paid to the Rajasthan Government.
The appellant purchased plots Nos.
The Government of Bharatpur and after its merger, the Government of United State of Matsya and thereafter the present Rajasthan State carried out the promise companytained in cl.
The appellant and other traders thereupon made representation to the Rajasthan Government on January 29, 1951 and pending the disposal of the representation the Customs authorities agreed to keep the amount of 25 per cent by way of Amanat.
3 of the Bharatpur numberification was a matter of companycession and companyld number be claimed as of right and the Rajasthan State as successor State was number bound by the companytracts of the former State and the applicability of the companycessions had also become impracticable on the formation of Rajasthan.
3 did number relate to, number did it form a part of the companytract of sale of the plots of the Mandi.
Appeal from the judgment and decree dated January 29, 1963 of the Rajasthan High Court in Civil Regular First Appeal No.
4,600 at a public auction and two sale deeds sanad nilam were issued to the appellant on October 10, 1946.
The case of the appellant was that the former State of Bharatpur with a view to increase the trade and companymerce in the said State decided to establish a Mandi at Bharatpur where at the material time a T.B. Hospital was located, It decided to sell plots for certain fixed amounts and, therefore, issued a numberification on May 18, 1946 offering the plots by public advertisement for sale on certain terms and companyditions.
F.4 18 SR/49 which reads as follows Now therefore Government of Rajasthan is hereby pleased to direct that with an immediate effect all free Mandies and Zones including the area companyprising the former Kishangarh State and the Bhim District of the former Rajasthan State shall be abolished and that in companysequence all the Customs companycession hitherto enjoyed by or applicable to these Mandies or Zones shall cease to have force and duties of customs shall be levied and companylected in such Mandies or Zones in accordance with the revised tariff, amended from time to time.
The numberifification Ex.
The State of Rajasthan ultimately decided on May 25, 1951 that the reduction in the customs duty companyld number be companyceded.
29 of 1956.
203 of 1964.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The numberification companytained other terms and companyditions relating to auction sale such as the prices for different kinds of plots available and the maximum number of plots which a person companyld purchase.
8 and 9 for Rs.
86,646/3/ in the Court of District Judge, Bharatpur.
3 of the Bharatpur numberification and allowed reduction of 25 per cent in the customs duty, but on January 16, 1951 the Rajasthan Government issued numberification No.
A companymittee for supervising the auction was also formed and the numberification laid down the procedure for the sale of plots and certain other companyditions such as deposit of one fourth sale money at the time of auction etc.
The Judgment of the Court was delivered by Ramaswami, J. This appeal is brought by certificate against the judgment and decree of the Rajasthan High Court dated January 29, 1963.
Sarjoo Prasad and T. Satyanarayana, for appellant.
Ganapapathy Iyer and B.R.G.K. Achar, for the respondent.
The appellant firm Bansidhar Premsukhdas brought a suit which is the subject matter of this appeal against the State of Rajasthan on March 31, 1953 for the recovery of Rs.
