Khwaja Mohammad Yusuf, J. - (1.) Syed Fatheyab Ali Meerza filed this Writ petition in 1985 for several reliefs including a declaration that the Murshidabad Estate (Management of Properties) and Miscellaneous Premises Act, 1980 is ultra vires and void. In paragraph 2 of the Writ petition the petitioner, Inter alia, stated as follows:- "Your petitioner is and claims to the present Nawab Bahadur of Murshidabad and Amit-ul-Omrah by virtue of Succession from Syed Hassan Ali Meerza, the last Nawab Nazim of Bengal, Bihar and Orissa and the first Nawab Bahadur of Murshidabad." According to the averment made in the petition the last Nawab Bahadur of Murshidabad Watis Ali Meerza died in 1969 without leaving any male heir competent to succeed as the Nawab Bahadur of Murshidabad, the petitioner being the immediate next brother of the Late Nawab Bahadur Watis Ali Meerza is, therefore, the direct eldest lineal male descendant of Sir Syed Hassan Ali Meerza within the meaning of the Indenture dated 12th March, 1891 and by operation of the provisions of the Murshidabad Act, 1891 and on the basis of the custom of primogeniture had succeeded to the title of Nawab Bahadur of Murshidabad and Amir-ul-Omrah and is also entitled to get payment of the annuity secured by the Act of 1891. His plea in the Writ petition Is that he is protected by the Central Government's Act of 1891 and the State Legislature has no power to amend or repeal the Central Act. He further stated in the Writ petition that the Parliament has not enacted any legislation for the abolition of Nawab Bahadutsbip of Murshidabad guaranteed under the Act of 1891 and the Murshidabad Estates ate protected properties and the petitioner is staying at 85, Park Street, Calcutta, on the strength of his own tight. By an order made on 30th August, 1985 Mr. Justice Suhas Chandra Sen passed an order of status quo relating to Premises No. 85, Park Street so far the possession of the premises and tenancies of the said premises are concerned and restrained the petitioner from inducting any tenant or any other occupant in the said premises.
(2.) This writ application was assigned to this Court by the Hon'ble the Chief Justice on 14th September, 1989. On 8th February, 1990 Mr S. C. Bose, the learned Senior Counsel appearing for the Union of India, handed over to the Court a xerox copy of a letter being No. 19/8/87-poll. Ill dated 18th December, 1989 addressed to the petitioner from Mr. D. N. Sharma, Director (Judl.), Ministry of Home Affairs, Government of India, informing the petitioner, Inter alia, as under:- "3. In this case, the title and right of claim annuity last devolved on Shri Syed Waris Ali Meerza to the exclusion of his two brothers, Waris Ali Meerza branch being the eldest. The branches of the two brothers having been excluded, title and right of annuity must devolve for all time in future to the exclusion of those branches and the right can devolve only on the lineal male descendant of Shree Syed Waris Ali Meerza. The elder son of Shri Syed Waris Ali Meerza is a foreign citizen and is ineligible for she title or the annuity." "4. In view of the aforesaid, I am directed to convey the decision of the Government of India that there is no question of the title of the property or other rights reverting to you." Immediately thereafter Mr. P. K. Das, the learned Counsel appearing for the petitioner, handed over to this Court a xerox copy of a Notification being No. F-21093/756/89-DOJ(G) dated 2nd February, 1990 under the signature of one S. D. Sharma, Director (Judicial) of the Ministry of Home Affairs, Department of Justice, Government of India, North Block, New Delhi, to the following effect:- "The Secretary, Ministry of Home Affairs is pleased to recognise Shri Syed Fatehyab Ali Meerza as Nawab Bahadur of Murshidabad, with effect from the forenoon of 02 02.1990. until further orders." . It appears from the contents of the Notification that it was sent to the General Manager, Government of India Press, Faridabad, with Hindi version and the copies to the Finance Secretary, Government of India; The Chief Secretary, Government of West Bengal ; and the petitioner. On that date i.e. 8th February, 1990 I made an order that as some development of importance has taken place during the pendency of this writ application so liberty is given to the petitioner to file Supplementary Affidavit incorporating subsequent events. Liberty was also given to file objections to the Union of India and the State Government.
(3.) On the next date of hearing t. e. 14th March, 1990 the Union of India through Mr. D. N. Sharma, Director (Judicial) attached to the Ministry of Home Affairs filed an Affidavit dated 28th February, 1990 duly authenticated under the seal of the Oath Commissioner approved by the Delhi High Court enclosing the xerox copy of the aforesaid letter dated 18th December, 1989 by which the Government of India intimated that there was no question of the title or the property or other rights reverting to the petitioner. Paragraph 3 of the said Affidavit is specifically related to the purported Notification and is quoted as follows:- "That during hearing on 8th February, 1990 the Writ petitioner produced a copy of purported Notification being No. F-21093/756/ 89-DOJ G) dated 2nd February, 1990 wherefrom it is made to appear that the Writ petitioner has been adjudged as Nawab Bahadur of Murshidabad with effect from the forenoon of 2nd February, 1990 until further orders. This Notification has not been Issued by the Government of India. In accordance with the Rules for Allocation of Business this matter has been dealt with and is being dealt with in the Department of Estates of the Ministry of Home Affairs and not in the Department of Justice which is a part of the Ministry of Law and Justice, Government of India. This deponent denies the authenticity or genuineness of this Document. There is also no officer by the name of Shri S. D. Sharma with the designation of Director (Judl.) now or at the relevant date in the Ministry of Home Affairs who is purported to have signed the said document." Xerox copy of the purported Notification which was handed over to the learned Counsel for the Government of India on 8th February, 1990 was also annexed with this Affidavit.;