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1953 Supreme(SC) 61

GHULAM HASAN, M.C.MAHAJAN, N.H.BHAGWATI, B.K.MUKHERJEE, B.JAGANNATHA DAS
Raghubir Singh – Appellant
Versus
Court Of Wards, Ajmer – Respondent


Advocates:
B.DUTTA, H.C.SOGAIN, J.B.DADACHAN, M.C.SETALVAD, SHARMA JITENDRA

Judgement

MAHAJAN, J. :

This is a Petition under Art. 32 of the Constitution seeking relief against alleged infringement of certain fundamental rights of the petitioner and arises in these circumstances.

2. The petitioner owns an istimrari estate in the State of Ajmer under an istimrari sanad granted to his ancestor in the year 1875. He enjoys therein a life interest with an obligation to perform certain duties as prescribed by the Ajmer Land and Revenue Regulation (2 of 1877).

3. The Deputy Commissioner of Ajmer, who is the Court of Wards constituted under the Ajmer Government Wards Regulation (1 of 1888), took over possession and assumed superintendence of the said estate on 18-9-1952, purporting to act under Ss. 6 and 7 of the Regulation read with S. 112 Ajmer Tenancy and Land Records Act, 1950 (42 of 1950), and hence this petition for a writ of mandamus or one in the nature thereof, or for the issue of a direction to the Court of Wards for restoration of possession of the estate and for an order directing it to forbear from carrying on the superintendence of the estate.

4. The order made by the Court of Wards on 18-9-1952, is impugned as being void and of no effect whatever, be



















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