- (1.) These are petitions under Art. 32, Constitution of India, for directions or order or writs to enforce the fundamental rights of the petitioners to property by prohibiting the respondent, the State of Madhya Pradesh, from enforcing their alleged rights under the Madhya Pradesh Abolition of Proprietary Rights Act, 1950.
(2.) The several petitioners entered into contracts and agreements, with the previous proprietors at certain estates and mahals in the State under which it is said they acquired the rights to pluck, collect and carry away tendu leaves to cultivate, culture and acquire lac, and to cut and carry away teak and timber and miscellaneous species of trees called hardwood and bamboos. The contracts and agreements are in writing; some of them are registered. There is no dispute about their genuineness and it has not been alleged that they are collusive or fraudulent transactions. Their dates and the several sums of money paid as consideration are set out in the petitions. The petitioners allege that they have spent large sums of money in the exercise of their rights, and this fact too is not controverted.
(3.) Petitions Nos. 232, 233, 286. 309 and 320 of 1951 relate to tendu leaves which grow in shrub jungles and which are used in the manufacture of beedis or country-made cigarettes, a very extensive and competitive business carried on by some of the petitioners involving an outlay of one to two lakhs of rupees in some cases. For instance, 406 contracts are involved in Petition No. 232 of 1951; the consideration paid comes to Rs. 1,65,385 and the expenses are alleged to be in the region of Rs. 1,90,000. In Petition No. 233 of 1951 there are 785 contracts; the purchase money is Rs. 1,10,605 and the outlay by way of expenses is said in be Rs. 50,000.;