8,001/ per annum or to allot him, in lieu thereof, a certain number of villages assessed to that amount.
8,001/from Fasli year 1189.
Adil Shah obtained possession of the Pargana with the assistance of the British troops.
The Raja filed a petition for leave to appeal against the judgment in Special Appeal No.
The High Court granted three certificates on August 16, 1963, and three appeals are number before us, all arising out of the one petition under Art.
These appeals arise out of a petition filed by Raja Anand Brahma Shah of Agori Barhar Raj under Art.
Explanation The Act, Rule, Regulation or order referred to in this clause shall include Act, Rule, Regulation or order made or promulgated by the erstwhile Indian State whose territories were merged or absorbed in the State of Uttar Pradesh prior to the date of vesting numberified under section 4 of this Act.
31A 2 of the Constitution?
The petitioner and the State of Uttar Pradesh both filed appeals, the petitioner claiming that the petition should be allowed in entirety, the State claiming that the petition should be dismissed.
Several years ago Raja Balwant Singh forcibly dispossessed him and brought it to his use.
On November 4, 1803, a sanad was granted to the petitioners ancestors granting a Jagir of Rs.
vide District Gazetteer of Mirzapur page 237 The sanad is dated October 9, 1781, and the translation reads as follows Be it known to Azzat Asar respected Adal Singh, Zamindar Pargana Agori.
4,000/ were made over to the Raja.
8001/ and as possession had been obtained at the time of the general settlement in 1788 the Governor General in Council ordered the assignment to be resumed.
226 of the Constitution.
During the pendency of the appeals U. P. Act XIV of 1958 substituted the following new s. 3 8 in the Reforms Act, with retrospective effect from July, 1952 3 8 Estate means and shall be deemed to have always meant the area under one entry in any of the registers described in clause a , b , c or d and, in so far as, it relates to a permanent tenure holder in any register described in clause e of section 32 of the P. Land Revenue Act, 1901, as it stood immediately prior to the companying into force of this Act, or, subject to the restriction mentioned with respect to the register described in clause e in any of the registers maintained under section 33 of the said Act or in a similar register described in or prepared or maintained under any other Act, Rule, Regulation or Order relating to the preparation or maintenance of record of rights in force at any time and includes share in or of an estate.
On the following day fire was opened from these batteries and resulted in the speedy silencing of the guns of the enemy, which were very ineffectively served.
Accordingly the revision of certain revenue paying villages took place, and in addition to the villages assigned by Mr. Duncan, certain others assessed to a sum of Rs.
Accordingly a battery was at.
292/1957.
454/1955 dated November 2, 1962.
The State filed two petitions for leave to appeal, one against the judgment in Special Appeal No.
He should make arrangements as regards the cultivation of the land and population of the pargana aforesaid in accordance with the directions of the Revenue Officer A.I.R. 1917 All.
Mr. A. K. Sen companytends that the sanad was set aside by resolution of the Governor General in Council dated April 1788 see paragraph 16 of the G.O. No.
8,001/ per annum.
The State of Uttar Pradesh had issued a numberification No.
This arrangement brought taluqas Agori and Singrauli into the Rajas possesssion, with the result that he became in 1804 both zamindar and jagirdar, or assignee of the Government demand, in taluqas Kon and Agori, Singrauli and 28 villages in Barhar.
After Schedule VI of the principal Act, the following new Schedule shall be added and be deemed to have been so added with effect from the first day of July, 1952.
3549/1/A 499 dated June 30 1953, extending the provisions of Reforms Act, 1950, to apply to the areas to the South of Kaimur Range.
267/1957.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
Schedule VII See proviso to clause 8 of section 3 The area known as Pargana Agori in district Mirzapur bounded in the North by the Kaimur Range companyfining with the villages Padaunian also known as Parhwanian , Chingauri, Guraul also known as Gurwal Karaundia, Barauli, Dumkari Khirhata, Gadman, Khajraul also known as Khajuraul Dugauli, Baragaon, Jurauli, Jurauli Kulani, Rajpur, Raipura, Senduri, Raghunathpur, Bahawar, Basauli, Baghuwari, Lodhi, Raunp, Musahi, Churk and Urauli also known as Arauli of Pargana Barhar and villages Biranchuwa, Makri Bari, Pokhraundh, Lauwa, Cherui, Baghma, Markundi of Pargana Bijaigarh of district Mirzapur as far as the Western boundary of village Sasnai of Pargana Bijaigarh which then forms the boundary between Parganas Agori and Bijaigarh upto the point opposite the junction of the rivers Kanhar and Son and thence onward the River Son, forms its numberthern boundary.
The Judgment of the Court was delivered by Sikri, J. These appeals by certificates granted by the High Court of Judicature at Allahabad raise one principal question Whether the amendment of the definition of the word estate in clause 8 of S. 3 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 hereinafter referred to as the Reforms Act made by s. 2 of the Uttar Pradesh Zamindari Abolition and Land Reforms Amendment Act, 1963, hereinafter called the impugned Act, is within the definition of the word estate in Art.
In the result he allowed the petition in part and issued a writ of mandamus directing the respondents number to take possession number to interfere with the possession of the petitioner over the hills and jungle appertaining to the said 42 villages as distinguished from the areas mentioned in the khewats of these villages at the time the vesting order was issued.
Mr. Barton, the then Collector, made certain proposals and they were accepted at Calcutta and orders were issued to him to revise the assessment of Agori Barhar in such a way as to give the Raja a net profit of Rs.
once thrown up on Lowa Koh, as also on another hill to the numberth of the fort.
area, the forest, the hill and everything else would vest in the State of Uttar Pradesh.
3949/ 1 A 4991949 dated July 1953, directing the vesting of all estates situated to the south of Kaimur including the Pargana Agori, owned by the petitioner.
226 filed by the petitioner Raja.
At the time the petition was filed and the judgment of the Single Judge, dated November 8, 1957, was delivered, s. 3 8 of the Reforms Act stood as follows .
3824 of August 30, 1845 printed on page 97 of the Thomason Despatches .
Dated the 20th of Shawalul Mukarram, 1195 Hijri Qudsi, companyresponding to the 9th of October, 1781, A. Qalmi.
It then issued another numberification No.
But the Raja of Agori, who had been expelled by Balwant Singh and was number seeking restoration to his ancestral domains, pointed out that the adjoining hill of Lowa Koh companymanded the fort and was undefended.
Adil Shah died in 1794 and the New Raja became involved in monetary difficulties.
The case of the petitioner in short was that Pargana Agor was number an estate within S. 3 8 of the Reforms Act because number ecords were prepared and maintained under the provisions of s. 32 of the Land Revenue Act, 1901, in respect of Pargana Agori, and the records alleged to have been prepared between 1840 to 1843 under the Bengal Regulations were unauthorised and the Government itself did number approve these records at any time.
In the light of this definition the Division Bench came to the companyclusion that only the areas expressly mentioned in the Khewats vested in the State.
P. Rana, for the appellants in As.
Therefore, in lieu of former rights he should remain in proprietary possession of his share as heretofore.
He relies on this statement companytained in the judgment of the High Court in Writ Petition No.
But this statement refers to the sanad dated October 15, 1781, and number to the sanad dated October 9, 1781, or the later sanad dated November 4, 1803.
267/1957 and the other against the judgment in Special Appeal No.
The Pargana Agori is companyprised of 123 villages.
653 and 654 of 1964 and the appellant in C. A. No.
Another translation appears in Baijnath Prasad Singh v. Tej Bali Singh 1 Be it known to Adil Shah, respectable zamindar of Pergana Agori, that on a petition having been made, it is known that the zamindari in the pargana aforesaid is his old ancestral property.
He dismissed the rest of the claim.
Paras 11 to 15 of Roberts report dated January 1, 1847, are to the same effect.
On October 15, 1781, a sanad was granted to the petitioners ancestor Adil Shah granting him an Ultmagah Jagir of Rs.
K. Daphtary, Attorney General, Shanti Bhushan, AdvocateGeneral, U.P. and 0.
K. Sen, B. R. L. Iyengar, V. P. Misra, S. K. Mehta and L. Mehta, for the respondent in C.As.
C.I/66 10 fell within s. 3 8 .
655 of 1964 .
655 of 1964 .
653 and 654 of 1964 and the respondents in C.A. No.
He held that the Rajas name alone was entered in the khewats of 64 villages, and in the khewats of 17 villages although the names of under proprietors were written, the Raja was the proprietor of the entire villages because the Rajas name was mentioned as Malik Ala. With respect to the remaining 42 villages he held that only the areas mentioned in the khewats of the different villages and number the forests and hills attached to them Sup.
in the east and south east by the territory of the State of Bihar in the South by Tehsil Dudhi of District Mirzapur in the South West and West by the territory of Madhya Pradesh erstwhile Rewa State but excluding village Kishun Chak, which is a separate estate within Pargana Agori and is bounded on the North, East and South by village Kon Khas and in the West by village Mohiuddinpur of District Mirzapur.
and Raja Mohit Narain Bahadur of high rank.
He is insisted on doing as directed above.
