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1951 Supreme(Pat) 68

REUBEN, NARAYAN
Gopeshwar Prasad Sahi – Appellant
Versus
State Of Bihar – Respondent


Judgment

NARAYAN, J.

1. This is an application for leave to appeal to the Supreme Court from a decision of this Court in Misc. Judicial Case No. 79 of 1951 which arose out of an application under Article 226 of the Constitution of India. The petitioner is the son of the late Maharaja Bahadur Guru Mahadvashram Prasad Sahi who was the last holder of the impartible estate commonly and compendiously known as the Hathwa Raj. On the 4th May, 1940, the late Maharaja Bahadur had made an application under section 6 (e) of the Court of Wards Act for being declared a disqualified proprietor, and on the 11th of May, 1940, the Court of Wards made a declaration that the Maharaja Bahadur was a disqualified proprietor, and on the same date a notification was issued that the Court of Wards had decided to take charge of the property of the late Maharaja Bahadur, and a direction was made that possession be taken. The present petitioner who is the eldest son of the late Maharaja Bahadur and his brother Brajeshwar Prasad Sahi were admittedly minors when the estate was taken by the Court of Wards. Acting under section 7 of the Act the Court of Wards purported to take charge of the person and the property

















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