RAVI PRATAB NARAIN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Shri Lt. Sahabzada Ravi Pratap Narain Singh, Raja of Rudrapur Estate, Rudrapur, District Deoria, has filed this petition, requesting this Court to issue a direction in the nature of a writ ob cerbiorari calling for all the records relating to the issue of a declaration under Section 8(1) (d) (v). U. P. Court of Warda Act, 1912 (Act iv [4] of 1912) for the assumption of superintendence of his estate by the Court of Wards, to quash the declaration and all the proceedings connected therewith and to direct the opposite party, the State of Uttar Pradesh and the Court of Wards, U.P., to hand over the estate of the petitioner to him. This request for issue of a writ of certiorari and other directions was based on two grounds: The first ground was that Section 8(1)(d)(v), U. P. Court of Wards Act, 1912, was ultra vires inasmuch as it constituted an infringement of the fundamental rights of the petitioner guaranteed under Article 19 (f) of the Constitution. The second ground was that, in making a declaration under Section 8, U. P, Court of Wards Act, the opposite-party was discharging a quasi-judicial function and, in doing so, it had contravened the fundamental principles of natural justice by not hearing the petitioner and giving him an opportunity to repudiate the charges.

(2.) The petitioner, in order to establish these grounds, filed a lengthy affidavit with his petition. This was met by a counter affidavit filed on be. half of opposite party No. 2, the Court of Wards and there after a rejoinder-affidavit was filed on behalf of the petitioner. It appears unnecessary to set out in detail all the facts that have been given in these three lengthy affidavits. We need only mention a few salient facts which are necessary for the purpose of deciding the question whether a writ should or should not issue.

(3.) Admittedly, the petitioner is a proprietor within the meaning of the U. P. Court of Wards Act, owning an estate situated partly in the district of Gorakhpur and partly in the district of Deoria. He had been managing this property for a long time. On 29.6.1949, a notice was served on him by the Collector of Deoria, calling upon him to show cause why he should not be declarad a disqualified person Under Section (1) (d) (v), U. P. Court of Wards Act, 1912, on grounds of mismanagement. Five grounds of mismanagement were mentioned in the notice as follows: