Jaganmohar Reddy, J. - (1.) 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 not 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. This suit was dismissed against which an appeal was filed in the High Court of Andhra Pradesh which was dismissed. Against that judgment this appeal is by certificate.
(2.) The appellant is the maktedar of the suit inam lands situate in Sardarnagar and Kurvaguda in Hyderabad District. The grant by the Nizam of the Makta in favour his predecessors-in-interest in respect of Sardarnagar inam lands was by muntakab (decree) Ex. P-1 dated August 15, 1944. 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). A similar muntakab Ex. P-2 was granted by the Atiyat court in respect of the 'Arazi Maktha' (minor inam) of inam lands of Jurvaguda village. The appellant enjoyed all the rights granted to him under the respective mumtakabs which included the right of selling Sendhi shops, collection of tree tax and other similar rights. Earlier the erstwhile Hyderabad Government by its order dated 22nd Isfendar 1355F 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 compensation but it did not acquire the tight of selling Sendhi or tree tax, Haque 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. 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. On April 20, 1956 the Abolition Act was amended by Act 10 of 1956 whereby the provisions relating to payment of compensation were superseded while those relating to vesting continued in force. The Government therefore issued a circular to the effect that all amounts collected as land revenue from the erstwhile inam lands including the inam lands of the appellant were to be kept in a suspense account. From December 5, 1957 the Sendhi rights in Sardarnagar lands i.a. Haque Malikana, licence fee were recognised, by the Government of Andhra Pradesh in G. O. 2254. It may be mentioned that the provisions of the Act relating to compensation were to come into force on and from a notified date so much so that even after more than three years of the Abolition Act no notification as provided under sub-sec. (3) (b) of Section 1 was published to bring into effect the provisions relating to compensation.
(3.) Thus it was contended that no principle of payment of compensation under the Abolition Act for only land revenue was taken into consideration but no rights of the appellant as referred to in Section 3 (2)(a) were taken into consideration (sic). It was further stated that as S. 3(2)(b) was not taken into account and as Sections 12 to 14 of the Act do not contain any provisions for adequate and fair compensation in respect of the right, the provisions are invalid and ultra vires of the Constitution.;