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1997 Supreme(Kar) 207

R.P.SETHI, G.PATRI BASAVANA GOUD
CHAMUNDI HOTEL (P) LTD. – Appellant
Versus
STATE – Respondent


R. P. Sethi, C. J.


( 1 ) DESPITE half a century of independence, overthrow of the foreign rule, abolition of monarchial system of Governments and the sea changes brought about in the socio-economic-political system in the Democratic Republic of India, the successors-in-interest of the former ruler of mysore State have challenged the jurisdiction of the Legislature in enacting laws with the purpose of depriving them of the privileges allegedly conferred upon the ruler in lieu of the surrender of sovereignty in favour of the Dominion of India. Claim to the properties has been sought to be protected under the umbrella stated to have been provided by the Instrument of accession and Articles 294 and 295 of the Constitution of India. The action of the State legislature in enacting the laws with respect to the properties of the former ruler of Mysore has also been challenged on the grounds of inherent lack of jurisdiction under Part XI read with schedule 7 of the Constitution of India. In order to hold that the action of the State Legislature was unconstitutional, reliance is placed upon various provisions of Part III and Article 300-A of the Constitution of India. All these pleas and th













































































































































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