R V K M SURYA RAO BAHADUR VARU RAJAH OF PITHAPURAM Vs. BOARD OF REVENUE SETTLEMENT OF ESTATES MADRAS

JUDGEMENT

(1.) This is an application for issuing a writ of 'certiorari' and for quashing the order of the Board of Revenue dated 6-8-1951.

(2.) The building described in the schedule annexed to the affidavit filed in support of the petition is situated in Polavaram B Estate, East Godavari district. In March 1950 the manager of the Pitapur and other allied estates filed a petition before the Estates Abolition Tribunal for having the value of the said building assessed. That application was referred to the District Collector, Eluru, for enquiry, who forwarded the same to the Board of Revenue. The Board of Revenue held that the said building constituted two sepa-rate buildings, one of them being used as an office before Act 26 of 1948 came into force, and the R.V.K.M. Surya Rao Bahadur Varu, Rajah of Pithapuram vs. The Board of Revenue (... Page 2 of 4 other, a small one, being used by visiting officers and by other guests. The Board directed the value of the main building to be deducted from the compensation payable to the Zamindar, and excluded the smaller building from the operation of the provisions of Section 18 of the Act. The present application is filed to quash that order.

(3.) Learned counsel for the petitioner raised before me three points :