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1976 Supreme(SC) 184

A.N.RAY, JASWANT SINGH, M.H.BEG, P.N.SHINGHAL, R.S.SARKARIA
State Of Gujarat – Appellant
Versus
Sardarbegum – Respondent


Advocates:
H.S.PARIHAR, I.M.SHROFF, R.B.DATAR, R.H.Dhebar, S.P.NAIR

JUDGMENT

SARKARIA, J.:— This appeal on certificate granted under Article 133 (1) (b) of the Constitution is directed against a judgment of the Gujarat High Court.

2. The facts are: One Sardar Shermia Bapumia was the holder of what he alleged to be a political pension. He was paid such a pension till July 31, 1953 at the rate of Rs. 500/- per month. On the coming into force of the Bombay Personal Inam Abolition Act, 1953 (to be hereinafter referred to as the Act), from August 1, 1953, payment of this pension was discontinued.

3. Bapumiya thereupon filed an application under Article 226 of the Constitution in the High Court praying for a writ of mandamus or any other appropriate writ or direction ordering the Respondent-State and its officers to pay to the petitioner and his heirs in perpetuity, a sum of Rs. 500/- with effect from August 1, 1953. It was contended that the pension was a political pension and not a personal inam and consequently, the pension did not fall within the definition of "personal inam" in the Inam Abolition Act and could not be abolished thereunder. Subsequently, at the instance of writ-applicant, the High Court by its order, dated February 27, 1963, deleted the










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