RANI SONABATI KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The plaintiff, Rani Sonabati Kumari, is the Ghatwal of the Handwa estate, which is a Ghatwali tenure. The Handwa estate is located in the district of the Santal Parganas and bears tauzi No. 445, tenure No. 56, of the Bhagalpur Collectorate. The plaintiff has brought the suit for the declaration that the Bihar Land Reforms Act (Bihar Act 30 of 1950) is ultra vires the Bihar legislature and is illegal, void and inoperative. The plaintiff also prays for a permanent injunction restraining the State of Bihar from issuing a notification under the provisions of Bihar Act 30 of 1950 in respect of the Handwa estate and also from interfering with the management of the said estate. The suit was brought on the 20th of November, 1950. The Constitution was, however, amended on the 18th of June, 1951, by the Constitution (First Amendment) Act, 1951, and Section 4 of that Act inserted Articles 31A and 31B for the purpose of validating certain Acts and Regulations and for the saving of laws providing requisitioning of estates etc. The amendment was made expressly retrospective by Section 4 of the Constitution (First Amendment) Act, 1951. The plaintiff filed an amendment petition on the 25th of August, 1952. The amendment of the plaint was allowed by the court. By this amendment the plaintiff asked for the additional relief that even if the Bihar Act 30 of 1950 was constitutionally valid, the Act did not apply to the case of the plaintiff who was the holder of the office of a Ghatwal and whose estate could not be detached from the office. It was also claimed by the plaintiff that the Ghatwali was a service tenure for public purposes and does not fall within the ambit of Bihar Act 30 of 1950. Written statements were filed on behalf of the State of Bihar contesting the claim of the plaintiff. The following issues were framed:

(2.) When the case was taken up for hearing, Counsel for the plaintiff said that he would not press issue No. 3 in view of the decision of the Supreme Court in the 'State of Bihar v. Sir Kameshwar Singh', AIR 1952 SC 252 (A). On behalf of the defendant the learned Government Advocate said that he would not press the first issue nor the second issue relating to the validity of the notice under Section 80 of the Code of Civil Procedure. The main issue therefore for determination in this case is the fourth issue, namely,

(3.) Before proceeding to consider this issue it is necessary to examine the nature arid character of the Handwa Ghatwali tenure. The title of the plaintiff is based upon a patta granted in 1778 by Captain Browne and subsequent confirmation of the grant made by Mr. Dickinson in 1794. The patta of 1778 describes the grantees as Ghatwals and requires them to patrol and protect the villages, and, when called upon, to appear before the Huzur, accompanied by 307 archers and barkandazas (matchlock man), and enjoins them to be careful of the boundaries. It is necessary at this stage to reproduce this patta in full, as much of the argument in this case turned on the meaning and import of this patta; "Patta granted in terms of Kabuliat to Raja Sobhao Singh, Babu Idit Singh, Babu Gopal Singh, Babu Lal Singh and others, Ghatwals of Pargana Handwe, appertaining to Kharagpur, Mahalat Jangaltari," Sarkar Monghyr, in the Province of Bihar. This istimarari, Mubarrari Patta is granted (to you) with effect from 1184 Fasli at a consolidated Jama of Rs. 2,701/- (Rupees two thousand seven hundred and one) comprised of varying malwajahat and Sayarwajahat, with all habuba, with nazarana mohmoni nankar and Kanungel fee payable year after year, as per details given below excepting Brahmottar, Shibottar and imlak lands, aima jagirs and jagirs of archers and barkandes rasum (perquisites) to Makaddama, and Zamindari expenses etc. It is requisite that you should peacefully make proper cultivation and management and improve the population and Zirat day after day & year after year & pay into the treasury the proper rent due to Sarkar crop after crop, Instalment after instalment. You should keep the raiyats contented and satisfied by your good treatment and go round and protect the villages and watch the boundaries and limits, escorted by the archers and barkandazen attached to the Jagir as mentioned below and keep (yourselves) engaged in doing the work of Sarkar, huzur. You shall be held responsible for any murder, breach of the peace and (or) oppression that might be committed in the country. You should not oppress or tyrannize any raiyat. If anybody lodges any complaint before the huzur, you shall be punished on proof of the matter after enquiry. Whoever will give evil counsel to others and interfere in the work of the Sarkar shall be held guilty before the Company (and) shall be turned out of his bunyad (Flaka) and shall not toe allowed to come back to his place. Should any ghatwal invade your place (elaka) for committing depredation you should come up before huzur and lodge information; he shall be punished by huzur. Whenever you will be called for by huzur, you should present yourselves before huzur accompanied by sardar with a body, of archers and barkandazee. 307 in number of whom the Sardar will be 7 and the archers and barkandazes 300. You should guard the boundaries and limits of your (villages).