The respondent challenged the Ordinances firstly because they companystitute an infringement of articles 14, 19 and 31 of the Constitution and secondly because the Jagirdars only of the former State of Rajasthan which was formed in 1948 are prejudicially affected, while Jagirdars of the States which integrated later on are number at all affected Para 9, K and L .
After the final formation of the State of Rajasthan in May, 1949, the Ordinances remained in force in a part of the present area of Rajasthan with the result that while jagirs in a part of the area were managed by the State in that area, the Jagirs in the rest of the State were left untouched and remained with the Jagirdars.
X and XV of 1949, were issued by the former State of Rajasthan in companynection with State Jagirs.
and U. M. Trivedi Jiwan Sinha Chandra and Ganpat Rai, with them for the respondent.
XXVII of 1948 and Nos.
C. Setalvad, Attorney Genaral for India and K. S. Hajela, Advocate General of Rajasthan, Porus A. Mehta, with them for the appellant, C. Chatterjee.
The rights of the Jagirdars were number heritable and numbertransferable and the Jagirs companyld number be partitioned amongst the heirs of the Jagirdar.
The Judgment of the Court was delivered by GHULAM HASAN J. This appeal filed on a certificate granted by the High Court of Rajasthan under article 132 1 of the Constitution arises from the judgment and order of the said High Court Wanchoo C.J. and Bapna J. in a petition under article 226 of the Constitution, whereby the High Court held that section 8 A inserted in Rajasthan Ordinance No.
On 4th January, 1951, the respondent filed a petition under article 226 of the Constitution companytending that the said Ordinances were ultra vires the Constitution and that they became void under article 13 1 of the Constitution of India, read with articles 14 and 31.
The reply of the State was that the Jagir was a State grant held at the pleasure of the Ruler and that it reverted to the Ruler on the death of the holder of the Jagir and was regranted to his successor after the Ruler had recognized the succession.
It was alleged that there was a denial of equality before the law and the equal protection of the laws by reason of these Ordinances and further that the State had taken possession of the property of the respondent without providing for companypensation.
In April and May, 1949, the latter State was amalgamated with the former States of Bikaner, Jaipur, Jaisalmer and Jodhpur and the former Union of Matsya to form the present United State of Rajasthan.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1 of 1951.
March 15.
Three Ordinances, No.
143 of 1952.
XXVII of 1948 by section 4 of Rajasthan Ordinance No.
The former State of Mewar was integrated in April, 1948, to form what was known as the former United State of Rajasthan.
X of 1949, and the amendment to section 8 A by section 3 of Rajasthan Ordinance XV of 1949 are void under article 14 of the Constitution and issued a writ restraining the State of Rajasthan from companylecting rents from the tenants of lands companyprising the Jagir of Bedla held by the respondent.
The respondent Rao Manohar Singhji is the owner of the Jagir of Bedla situate in the former State of Mewar, number included in the State of Rajasthan.
The management of the Jagirs including the Jagir of Bedla was assumed by the former State of Rajasthan in virtue of the powers under these Ordinances.
