On that date Junagadh State had numberRuler number was any Covenant signed on behalf of the Junagadh State.
was keeping in Hendla fifty animals at the expense of the poor village people, did number pay any remuneration to Dhedh employees of his garden and was exacting Veth from them, V was buying exhorbitant cesses from the village people, had companyverted into Islam three Hindus, and had taken the, following arms from Hand to Junagadh about a month ago, a 12 bore guns and b one M. I. gun.
Appeals from the judgment and decrees dated 1955 March 24,1956 September 15 and 1956 April 12 of the former Saurashtra High Court at Rajkot in Civil Second Appeals Nos.
A proclamation was issued on that date which.
The Administrator then decided with the approval of the Government of India to appoint an Executive Council with himself as President and three other persons as members thereof.
133 of the Constitution fall into three groups, and have been heard together.
On December 6, 1947, the Administrator made the following order It has companye to the Administrators numberice that Aba Salem Bin Abs Mahmed Hindi the alienee of Handla village, was maintaining many Arab employees of Timbdi it his house in Junagadh, was uttering threats to massacre all Hindus of Handla village,.
349 of 1958 the ancestor of the respondents, had obtained grants from the then Nawab of Junagadh of two villages called Handla and Venderwad some time between the years 1865 and 1868.
N. Shroff for the Respondents In C. As.
was delivered by J. R. Mudholkar, J. K. DAs, J. These four appeals which have been brought to this Court on certificates granted by the then High Court of Saurashtra under Art.
3379 dated lot August, The said Tharay is hereby cancelled and it is hereby ordered in the interest of the State that the said building along with all the superstructures thereon should be resumed and managed by the State as State property.
220 and 221 of 1958 a the impugned order is dated July 27, 1948, and is in these terms Twenty five Santis of land from the village of Khokhardea under Vanthali, Mahal was granted as a gift hereditarily to Mr. Mohamed Abdulla, son of late.
In Civil Appeals Nos.
In Civil Appeal No 497 of 1958 the grant was in respect of a bungalow or building known as Datar Manzil.
A.I.R. 1953 Saurashtra 180.
42 of 1953 and 50 of 1954.
The respondents brought suits challenging the validity of the orders made by the Administrator.
In Civil Appeal No.
220, 221, 349 and 497 of 58.
C. Setalvad, Attorney General for India, C. K.Daphtary, Solicitor General of India, B. Sen and R. H. Dhebar, for the Appellant In all the Appeals .
The State of Gujarat.,
He fled the companyntry and the affairs of Junagadh State fell into disorder and chaos.
These suits were decreed by the lower companyrt and the decrees were substantially upheld by the High Court of Saurashtra.
123 of 1953 104 of 1955 and Civil Appeals Nos.
It is the order dated January 8, 1949, which is impugned by the respondents in this appeal.
220 and 221 of 1958 .
On November 14, 1947 the Regional Commissioner appointed Shri S. W. Shiveshwarkar as Administrator of Junagadh State.
This order also refers only to the Handla estate, but the admitted position is that both the villages were resumed by the order of the Administrator.
The essential facts relating to these appeals are the same, and a companymon question of law number falls for determination on those facts.
October 3.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The respondents and in some cases their.
On 1 March 9, 1948 the Administrator made the following order The State building situated near Gadhrup Wada at Junagadb, was granted to Khan Shri Abdullkanmiyan Mahomedkhanmiyan hereditarily by Way of gift, under Dewan Daftar Tharay No.
By that order the management of Kandla was taken over by the State, Though there is numberreference to the other village Venderwad in the order the admitted position is that the management of both the villages was taken over.
Later, in December, 1948, the elected representatives of the people of Junagadh, Manavadar, Mangrol, Bantwa, Babariawad and Sardargarh recommended to the Government of India and the Government of the United State of Saurashtra, as it was then called, that the administration of the States mentioned above be integrated with the United State of Saurashtra.
a decision on the basis of which the High Court decided the cases under companysideration in these appeals.
On November 9, 1947, the Regional Commissioner, Western India and Gujarat States Region, assumed charge of the administration of the State on behalf of the Government of India.
It may be here numbered that by that decision this Court over ruled the earlier decision of the Saurashtra High Court in State of Saurashtra Memon Haji Ismail Haji Valimamad 2 , 1 1960 1 S.C.R. 537.
In February, 1948 the Government of India held a referendum in Junagadh State to ascertain the choice of the people in regard to accession and the people voted by a large majority in favour of accession to the Dominion of India.
was number companypleted before the impugned orders were made and that finding being a finding of fact does, number bind the respondents who were number parties to the case in which the decision was rendered.
was, delivered by S. K. Das, The Judgment of Sarkar and J. R. Mudholkar, JJ.,
S. Pathak, N. P. Nathnwni and K. L. Hathi for the Respondents In C.A. No.
497 of 1958 .
A detailed history of the grants so made is number necessary for our purpose.
within whose territories the disputed properties are number situate, is the appellant in the appeals.
said that the Regional Commissioner had assumed charge of the administration of the Junagadh State at 18 00 hours on November 9, 1947.
Further political changes took place after January 20, 1949, but with those changes we are number companycerned in the present appeals.
The Nawab of Junagadh however, did number accede to the new Dominion of India by executing an Instrument of Accession as did the other Rulers in Saurashtra.
These grants were repudiated or cancelled and the property, subject of the grant, was resumed by the Administrator who took over charge of the administration of Junagadh on behalf of the Dominion of India in 1947 in circumstances which we shall presently state.
ancestors, obtained grants from the then Nawab of Junagadh, which was then a ruling State, in respect of lands and, in one case, of a building known as Datar Manzil.
P. Mehta, J. B. Dadachanji, Onkar Chand Mathur and Ravinder Narain, for the Respondents C.A. No.
Now, as to the impugned orders made by the, Administrator.
Then on January 8, 1949, the Administrator passed the following order The Junagadh State Government is pleased to order that the land and villages companyprising the Handla estate which is an Inam grant be resumed by the State forthwith.
The Judgment of Sinha, C.J., S. K. Das and Rajagopala Ayyangar,, JJ.
The Administrator passed certain orders which are the orders impugned in these appeals and to which we shall presently refer, but we must first companyplete the general picture of political changes that took place in Junagadh.
The Rulers of the Covenanting States thereupon entered into a Supplementary Covenant with the companycurrence of the Government of India to provide for such integration and for the participation of the elected representatives of the people of these States into the Saurashtra Constituent Assembly.
349 of 1958 .
In December, 1948 the elected representatives of the people of Junagadh resolved that the administration of the State be made over to the Government of Saurashtra and that the representatives of Junagadh be enabled to participate in the Constituent Assembly of Saurashtra State with a view to framing a, companymon Constitution for Saurashtra and the Junagadh State.
At the request of the Nawabs Council, the Government of India decided to take over the administration of the State.
It is necessary to state number how this integration took place.
task of drawing up a democratic Constitution for that State within the frame work, of the Constitution of India, to which they had already acceded.
The Revenue Commissioner should mak necessary managements for the same and report companypliance.
On January 23, 1948, thirty rulers of the principal States of Kathiawar signed a companyenant bringing into existence the United State of Kathiawar later I known as the United State of Saurashtra companyprising the territories of their States for the welfare of the people and entrusted to a Constituent, Assembly the.
The two dates which are important for our purpose are November 91 1947, when the Regional Commissioner first took over charge of the administration of Junagadh and January 20, 1949 when Junagadh merged into the United State of Saurshtra.
the village J. of Handla should be taken under the State manager.
