Wanchoo, C.J. - (1.) THIS is an application by Purshotam Singh for a writ, direction or order in the nature of certiorari or mandamus under Art. 226 of the Constitution quashing the order of His Highness the Rajpramukh, which was conveyed to the Additional Jagir Commissioner, Udaipur, on 3 -4 -1954.
(2.) THE facts put forward by the applicant in support of his application are these: The last holder of the Jagir of Jilola was Thakur Pratapsingh who died in September 1952 without leaving any male issue. Pratap Singh had a son Govind Singh who had gone in adoption to the Jagirdar of Amet. Purshotainsingh is the son of this Govind Singh, and says that he was adopted by the widow of Pratapsingh as a son to Pratapsingh after his death. The applicant also says that there was a will by Pratapsingh in his favour bequeathing all his property including the jagir to him. Anyhow disputes arose about the succession to the jagir on the death of Pratapsingh. Eventually the dispute was confined to Purshottam Singh on the one hand, and Narain Singh opposite party, on the other. The matter was enquired into by the Additional Jagir Commissioner, and he made a report on 1 -9 -1953. In this report, the Additional Jagir Commissioner said that Purshotamsingh would be entitled to succession if the rule of Muris -ala was ignored; but that if the rule of Muris -ala was applied, Narainsingh would be entitled to succeed. This report was sent to the Government, and eventually the Revenue Minister recommended to His Highness the Rajpramukh that Narain Singh should be recognised and this was done.
(3.) THE applicant raised a number of contentions in his application, but the main contention was that after the coming into force of the Constitution of India on 26 -1 -1950, Art. 7(3) of the Covenant under which His Highness the Rajpramukh exercised the power of recognising succession was abrogated. It is also said that His Highness the Rajpramukh was exercising quasi -judicial functions when exercising his powers under Art. 7(3) of the Covenant, and the principles of natural justice had not been followed, inasmuch as His Highness the Rajpramukh did not afford the applicant an opportunity of being heard in support of his case. The application has been opposed on behalf of the State as well as by Narain Singh.;