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1958 Supreme(SC) 180

M. HIDAYATULLAH, P. B. GAJENDRAGADKAR, S. K. DAS, S. R. DASS, K. N. WANCHOO
Raghubar Sarup, Nawab Jamshed Ali Khan, Ziaullah Khan, Hidayat Ali Khan, Shrimati Mumtaz Dulhan Begum, Nawabzada Jafar Ali Khan, Sultan Hussan Khan, Aziz Dulah Khan: S. Shaukat Ali, Faiz Mohammad, Amjad Ali Khan, Ashiq Ali Khan, Ibrahim Ali Khan – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Gopi Nath Dixit, H.N.SANYAL, IQBAL AHMED, K.P.GUPTA, PURSHOTTAM TRIKAMDAS, RAJINDAR NARAIN, S.N.ANDLEY, S.S.SHUKLA, SHAUKAT HUSSAIN

Judgment

WANCHOO, J. : These petitions under Article 32 of the Constitution and appeals on certificates granted by the Allahabad High Court question the action taken by the State of Uttar Pradesh under the U. P. Zamindari Abolition and Land Reforms Act, No. I of 1951, (hereinafter called the Abolition Act) and the Rampur Thekedari and Pattedari Abolition Act No. X of 1954, (hereinafter called the Thekedad Act). We propose to deal with them by one judgment as they raise common points and in the case of some petitioners lands covered by both the Acts are involved.

2. The former State of Rampur was an independent State under the paramountcy of the British Crown before 1947. When India became a Dominion on the passing of the Indian Independence Act of 1947, the State of Rampur acceded in August, 1947, to the Dominion of India by means of an instrument of accession. This was followed by a merger agreement between the Ruler of the Rampur State and the Dominion of India on May 15, 1949, by which the Ruler agreed to transfer the entire administration of the State to the Dominion as from July 1, 1949. The Governor General then passed an order on July 1, 1949, known as the Rampur (Administrati



















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