Judgment

SHAH, J.: Civil Appeal No. 392 of 1956. This is an appeal filed with a certificate granted under Art. 133 (1) (c) of the Constitution by the High Court of Judicature of the State of Hyderabad.

2. The appellant was a Jagirdar holding jagirs Ramwarm Chandam Palli and Gulla Palli, Taluq Sirsalla, in the district of Karimnagar in the State of Hyderabad. After the Police Action in August, 1948, Major General Chaudary was appointed the Military Governor for the State of Hyderabad. His Exalted Highness the Nizam of Hyderabad invested the Military Governor with authority to administer the State by a Farman dated September 19, 1948. The Farman was in the following terms:

"Whereas the General Officer Commanding in Chief Southern Army has appointed Major General J. N. Choudary, O. B. E., to be the Military Governor for the Hyderabad State and whereas all authority for the administration of the State now vests in him, I hereby enjoin all the subjects of the State to carry out such orders as he may deem fit to issue from time to time. I appeal to all officers of the State administration and subjects of the State to render faithful and unflinching obedience to the Military Governor and conduct themselves in a manner calculated to bring about the speedy restoration of law and order in the State".

3. On August 7, 1949, His Exalted Highness the Nizam issued an explanatory Farman in the following terms:

"With reference to my Farman dated 19-9-1948, in which I referred to the fact that all authority for the administration of the State now vests in the Military Governor, I hereby declare that the said authority includes and has always included authority to make Regulations".

On August 10, 1949, the Military Governor promulgated The Hyderabad (Abolition of Jagirs) Regulation of 1358 Fasli, which will hereinafter be referred to as the Abolition Regulation. This Regulation was brought into force on August 15, 1949, the date of its publication in the Official Gazette. Section 5 of the Regulation directed that from a date to be notified for the transfer of the administrations of jagirs in the State to the Government, the jagirdars shall make over the management of the jagirs to the Jagir Administrator and in default of compliance therewith, the officer appointed under the Regulation may take forcible possession. By S. 6, it was provided that the jagirs shall be included in the "Diwani" and unless and until included in a district, shall be administered by the Jagir Administrator, and that the powers, rights and liabilities in relation to such jagirs shall cease to be exercisable by the jagirdars and shall be exercisable by the Jagir Administrators, and that no jagirdar shall recover or receive any customary or other dues from any tenant or resident of the jagir. By S. 14, it was declared that the jagirdars were to receive certain interim maintenance allowances until such time as the terms of the commutation of the jagirs were determined. Pursuant to the authority reserved by S. 6 of the Abolition Regulation, possession of the jagirs was taken over sometime in September, 1949, by the Jagir Administrator acting on behalf of the State of Hyderabad.

4. On December 1, 1949, another Farman was issued by His Exalted Highness the Nizam which provided as follows:

"Whereas the General Officer Commanding in Chief Southern Army has as from the 1st December, 1949, terminated the appointment of Major General Chaudary, O. B. E., to be the Military Governor for the Hyderabad State;

And whereas it is necessary to make other arrangements for the administration of the State as from the said date;

Now, therefore, I hereby appoint as from the said date Mr. M. K. Vellodi, C.I.E., I.C.S., to be my Chief Minister and .......I further direct that all the powers of administration, vested in the Military Governor before the said date are exercisable by the Chief Minister".

5. In exercise of the powers vested in him, the Chief Minister promulgated the Hyderabad Jagirs (Commutation