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1960 Supreme(SC) 51

B. P. SINHA, SYED JAFAR IMAM, J. C. SHAH, A. K. SARKAR, K. N. WANCHOO
State Of Vindhya Pradesh – Appellant
Versus
Moradhwaj Singh, The State Of Vindhya Pradesh (Now M. P. ) – Respondent


Advocates:
C.K.DAFTARY, I.M.SHROFF, J.B.DADACHAN, K.B.ASTHANA, M.ADHIKARI, P.L.VOHRA, RAJINDAR NARAIN, RAMESHWAR NATH ROY, S.N.ANDLEY

Judgment

WANCHOO, J. : These seventy-one appeals on certificates granted by the Judicial Commissioner of Vindhya Pradesh arise out of seventy petitions under Art. 226 of the Constitution filed before that Court challenging the constitutionality of the Vindhya Pradesh Abolition of Jagirs and Land Reforms Act, No. 11 of 1952, (hereinafter called the Act). They were disposed of by a common judgment by the Judicial Commissioner. We shall also dispose of these appeals by a common judgment. Seventy (Nos. 40 to 109), out of these appeals, are by the State of Vindhya Pradesh (now Madhya Pradesh) while one (No. 110) is by Brijindar Singh, a jagirdar.

2. The case of the petitioners in the Court of the Judicial Commissioner was that the Act was unconstitutional as various provisions in it placed an unreasonable restriction on the exercise of the fundamental rights guaranteed to the petitioners under Part III of the Constitution. The Judicial Commissioner held that the Act was constitutional, except for three provisions thereof, namely, S. 22(1), S. 37 and cl. 4(e) of the Schedule to the Act. The seventy appeals by the State are with respect to this part of the order declaring these three provis



























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