- (1.) THIS is a petition under Article 228 of the Constitution by two jagirdars of certain villages in the territories formerly forming part of the State of Rampur and now part of the State of Uttar pradesh. The jagirdars had to pay no land revenue to the State and paid only a cess called the chau-kidara Tax. They were proprietors of the land comprised within their respective jagirs.
(2.) THE State of Uttar Pradesh passed an Act, called the U. P. Zamindari Abolition and Land reforms Act, 1950 (Act I of 1951) which came into force on 26-1-1951. The Act did not apply in the first instance to the territories formerly forming part of the State of Rampur, now the district of Rampur, but Section 2 of the Act empowered the State Government to extend the Act to the district of Rampur "subject to such exceptions or modifications, not affecting the substance" as the State Government may, by notification, specify in this behalf. The proviso to section 2 lays down: "provided that, when this Act or its provisions are so extended to such areas or estates, with or without exceptions or modifications, so much of any Act or Regulation in force therein as is consistent with this Act or the provisions so extended or with any modifications made therein, shall be deemed to have been repealed. " In exercise of the powers thus conferred upon the State Government by Section 2 of the Act, the state Government issued two notifications: (1) No. 3168, dated 30-6-1954, whereby the U. P. Zamindari Abolition and Land Reforms Act was extended, subject to the modifications and amendments mentioned in a Schedule appended to the notification, to the Rampur district and (2)No. 3169 dated 1-7-1954, whereby the vesting order under Section 4, Zamindari Abolition and land Reforms Act 1 of 1951 was made in exercise of the powers conferred by Sub-section (1) of section 4 of the Act. The result was that all the estates situate in the former Rampur State excluding the estates owned by the State Government and certain other estates became vested in the State of Uttar Pradesh free from all encumbrances.
(3.) THE main point for consideration in this petition is whether the Notifications mentioned above are ultra vires the State Government and are invalid or not.;