GULABBAI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THIS opinion will also govern Miscellaneous Petition No. 162 of 1955.

(2.) THESE cases come before us on a reference by Choudhuri J. The learned Single judge has not framed the question, but in the course of his order he has clearly indicated what that question is. To quote the learned Single Judge: "the important question for consideration is whether the rules framed under Section 91 (1) of the M. P. Abolition of Proprietary Rights (Estates, mahals, Alienated Lands) Act, 1950, and published under notification No. 777-XXVIII, dated 27-10-1951, by the State Government, have the force of law or do they amount to executive instructions and the orders passed thereunder are not justiciable. "

(3.) THIS question has a history of its own, The rules were framed by the State government, presumably under Section 91 (1) of the Madhya Pra-desh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950. It is conceded by the learned counsel for the petitioner that he has not found any power apart from the first Sub-section of Section 91. The rules do not indicate the power under which they have been framed; but it is settled law that when rules are" framed they may be referred to any power in the act which validates them.