- (1.) THIS is a petition under Article 226 of the Constitution praying that an order, direction or writ in the nature of 'mandamus' be issued to the Government of Uttar Pradesh and to the Collector of rampur restraining them from giving effect to a Notification No. 3136/1-A. 559/1951 issued by respondent 1 on 28-6-1954, and directing them not to take possession of the properties held by the petitioner or to interfere with the rights of the petitioner over such properties.
(2.) THE main point that arises for consideration in this case is whether The Rampur Thekedari and pattidari Abolition Act (U. P. Act 10 of 1954), which abolishes Thekedari and Pattedari in rampur is 'ultra vires' the State Legislature or not. The facts briefly stated are as follows: the petitioner is a pattedar of a certain village of the district of Rampur. Rampur was a princely state before 1947 and was Ruled by His Highness the Nawab of Rampur. In 1947, India obtained independence and became a Dominion by virtue of the Indian Independence Act of 1947. The Suzerainty of the British Crown over the Indian States lapsed at the same time because of Section 7 of the said Act, and the State of Rampur along with the other States in India in the eye of Law became independent. It was, however, expected that such States would not remain independent but would accede to one or the other of the Dominions into which India had been divided. The State of Rampur acceded to the Dominion of India by executing an instrument of accession in respect of three subjects, Defence, External Affairs and Communications, which were transferred to the government of the Dominion of India. Later, on 15-5-1949, the Nawab of Rampur agreed to merge his State with the Dominion of India. This was done by means of an agreement entered into between the Governor General of India and His Highness the Nawab of Rampur. This agreement is printed in the revised edition of the White Paper on Indian States at pages 209. Under para. I of the aforesaid agreement, the Nawab of Rampur ceded to the Dominion of India full and exclusive authority, jurisdiction and power for and in relation to the governance of the state as from 1-7-1949. Along with this agreement, what is known as the Collateral Agreement, was also executed on 15-5-1949. Clause iii. of the Collateral Agreement provided that- "all contracts and agreements entered into by Your Highness before the date on which the administration is made over to the Government of India will be honoured except in so far as any of these contracts or agreements may either be repugnant to the provisions of any law made applicable to the State or inconsistent with any general policy of the successor Government. " On 1-7-1949 an order known as the Rampur (Administration) Order, 1949, was promulgated by the Governor General under which a Chief Commissioner was appointed to administer the area of the former Rampur State. At that time all agricultural land in the territory of Rampur State was, broadly speaking, administered in three different ways. One portion of the State lands was known as 'ilaqa Jadid'. In this territory there were intermediaries called zamindars of the type known in Uttar Pradesh. They had proprietary rights in land and were liable to pay land revenue to the State Government. Another portion of the State lands consisted of 'jagirs' which, had been conferred by His highness the Nawab of Rampur on certain persons who were the proprietors of their land and who had to pay no land revenue but were liable to pay a local rate or Abwab. The third area of the State lands consisted of what is known as 'kham villages'. The land belonged to the Nawab or the State and was let out to Pattedars and Thekedars who used to realise rents from the tenants cultivating the land.
(3.) PRIOR to the Merger Agreement the Nawab of Rampur had by a Notification dated 12-3-1949, promulgated a scheme whereby leases of villages were granted to Thekedars and Pattedars in consideration of a fixed amount payable to the Nawab, the lessees being entitled to retain possession of the land for a number of years. The leases granted to Pattedars and Thekedars in this connection were those of proprietary rights, that is to say the lessees were intermediaries between the State and the tenants.;