1880 cess is charged on immovable property and is payable by the holder of an estate or tenure or chaukidari chakran lands and by a cultivating raiyat.
the state of bihar has filed a petition asking for an order admitting certain documents as additional evidence.
sarjoo prasad and d. goburdhun for the respondent.
226 of the companystitution.
k. daphtary attorney general d. p. singh r. k. garg c. agarawala k. m. k. nair and s. p. singh for the appellants.
under secs.
in this companyrt the appellant raised the second companytention for the first time.
24a of the bihar land reforms act 1950.
the maharaja was receiving a permanent malikana allowance of rs.
it is number knumbern under what circumstances cess used to be deducted from the malikana.
on the publication of a numberification under s. 3 of the bihar land reforms act 1950 bihar act xxx of 1950 on july 24 1953 the gidhaur estate and the interests of the maharaja therein vested in the state of bihar.
appeal from the judgment and decree dated january 7 1960 of the patna high companyrt in misc.
he alleged that the stoppage of the payment of the malikana was illegal and asked for a writ directing the state to make payment of the malikana.
the state of bihar has filed this appeal on a certificate granted by the high companyrt.
the judgment of the companyrt was delivered by bachawat j. this appeal is directed against an order allow ing a writ petition under art.
3 and was number income or rent from those estates number a charge or encumbrance on them.
civil appellate jurisdiction civil appeal number 157 of 1967.
accordingly the high companyrt issued a writ in the nature of mandamus companymanding the state of bihar to pay the malikana due to the maharaja from april 1 1958.
annexure a to the writ application shows that cess was deducted from the malikana.
maharaja pratap singh bahadur was the proprietor of the estates companylectively knumbern as the gidhaur estate in monghyr district.
5743/14/6 annually in two equal six monthly instalments as shown in annexure a to the writ application.
the state did number file any return to the petition.
the registers and rolls of the recipients of the malikana maintained by the companylector of the district since a long time past show that the successive proprietors of the gidhaur estate were receiving the malikana for a long time past.
the state of bihar stopped payment of the malikana allowance from april 1 1958 on the ground that the proprietary interests of the maharaja in the gidhaur estate vested in the state and companysequently his right to the malikana was extinguished.
judicial case number 693 of 1958.
the maharaja alleged in the writ petition that the permanent malikana was payable irrespective of his proprietary rights in his estates numberified under sec.
5 and 421 of the cess act.
