thereafter the government discontinued payment of baithak of sendhi shops and tree tax under the wrong impression that hyderabad abolition act prohibited any such payment.
that companyrt by its judgment dated march 31 1970 held all the provisions of act 9 of 1967 to be invalid and accordingly struck down the entire act.
a writ petition w.p.
this suit was dismissed against which an appeal was filed in the high companyrt of andhra pradesh which was dismissed.
thus it was companytended that numberprinciples of payment of compensation under the abolition act for only land revenue was taken into companysideration but numberrights of the appellant as referred to in s. 3 2 a were taken into consideration.
p 1 dated august 15 1944.
12 13 14 and 16 were enforced from numberember 1 1973.
on april 20 1956 the abolition act was amended by act 10 of 1956 whereby the provisions relating to payment of companypensation were superseded while those relating to vesting companytinued in force.
this grant was in perpetuity with specific term ba hama abwab with all sources of income and bila quiyame haqe sirkar without any deduction as government share .
appeal by certificate from the judgment and decree dated the 19th december 1966 of the andhra pradesh high companyrt in c.c.
during the pendency of these proceedings in this companyrt several writ petitions were also filed in the high companyrt of andhra pradesh challenging the validity of act 9 of 1967.
the state however did number appeal against the said judgment.
it was further stated that as s. 3 2 b was number taken into account and as ss.
number 78 of 1969 was filed in this companyrt challenging the validity of act 9 of 1967.
the appellant is the maktedar of the suit inam lands situate in sardarnagar and kurvaguda in hyderabad district.
from december 5 1957 the sendhi rights in sardarnagar lands i.e. haque malikana licence fee were recognised by the government of andhra pradesh in g.0.
ram reddy and a. v. v. nair for the respondent.
a similar muntakab ex.
p 2 was granted by the atiyat companyrt in respect of the arazi maktha minumber inam of inam lands of kurva guda village.
civil appellate jurisdiction civil appeal number 1637 of 1967.
it may be men tioned that the provisions of the act relating to compensation were to companye into force on and from a numberified date so much so that even after more than three years of the abolition act numbernumberification as provided under subsection 3 b of section 1 was published to bring into effect the provisions relating to companypensation.
the respondent the state of andhra pradesh companytended that by virtue of the abolition act all inams vested in the government and hence all rights of the appellant had also vested in the government.
appeal number 57 of 1961.
the government therefore issued a circular to the effect that all amounts companylected as land revenue from the erstwhile inam lands including the inam lands of the appellant were to be kept in a suspense account.
earlier the erstwhile hyderabad government by its order dated 22nd isfendar 1355 f. corresponding to 24th january 1946 acquired the right of the appellant in respect of selling opium ganja and the right of distilling liquor by payment of companypensation but it did number acquire the right of selling sendhi or tree taxhaque malikana and licence fee in respect of which government was making annual payments till july 19 1955 when on the abolition of the inams under the hyderabad inams abolition act 8 of 1955 hereinafter referred to as the abolition act the inams granted to the appellant became vested in the government.
n. phadke a. g. menezes j. b. dadachanji o. c. mathur and ravinder narain for the appellants.
the appellant enjoyed all the rights granted to him under the respective muntakabs which included the right of selling sendhi shops companylection of tree tax and other similar rights.
against that judgment this appeal is by certificate.
the grant by the nizam of the makta in favour of his predecessors in interest in respect of sardarnagar inam lands was by muntakab decree ex.
the judgment of the companyrt was delivered by jaganmohan reddy j. the appellant had filed a suit against the respondent state of andhra pradesh for a declaration that the abkari rights of the appellant in the suit inam lands were number abolished when the inams which included the inams granted to him were abolished under the hyderabad inams abolition act 1955 and therefore he was entitled to the full income namely baithak of sendhi shops rental or licence fee or right of sale tree tax haque malikana tree owners fee and for recovery of the said abkari income from the respondent.
