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1965 Supreme(Guj) 64

J.M.SHELAT, S.SARELA
Baxi Mir Vahiduddinkhan – Appellant
Versus
State of Gujarat – Respondent


Advocates:
A. M. Joshi, for Petitioner; B. R Shah, Asst. Govt. Pleader with K. L. Talsania, Addl. Govt. Pleader, for Respondents.

Judgement

SHELAT, C.J. : This is a petition for A writ of certiorari to quash and set aside the order of the Gujarat Revenue Tribunal dated February 27, 1951 which held that the claim for compensation filed by the petitioner in respect of the extinguishment of a grant in his favour fell under S. 15 of the Bombay Merged Territories and Miscellaneous Alienations Abolition Act, 1955, thereinafter referred to as the Miscellaneous Alienations Abolition Act, and for a mandamus directing the State of Gujarat to continue to pay to the petitioner and his descendants the sum of Rs. 12,522 annually, and, in the alternative, for a mandamus directing the State of Gujarat to pay to the petitioner as compensation the amount of Rs. 4,17,400, being the capitalized value of the said grant of Rs. 12,522 which came to be extinguished under S. 4 of the aforesaid Act.

2. The petitioner is the descendant of one Mir Nazmuddinkhan who was the cousin of the Nawab of Surat and the Baxi of his forces in or about the year 1800 A.D. It appears from the documents filed by the petitioner that in 1776, the then Nawab granted Muglai Hak or assigned revenue in favour of the said Nazmud dinkhan in respect of certain vi











































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