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1954 Supreme(Raj) 9

WANCHOO, SHARMA
Shiv Kalyan Singh – Appellant
Versus
Bhur Singh – Respondent


Advocates:
Appearance :
H.P. Gupta and J.P. Jain, for the Appellant
P .D. Mathur, for the Respondents
Chandrabhan Bhargava, Deputy Govt. Advocate, for the State

Judgment Wanchoo, CJ.-These are two connected applications challenging the validity of the Jaipur Hitkarni Committee Rules.

2. These Rules, which appeared in the Jaipur Government Gazette, dated 15-8-1945 provided for the appointment of what are called Hitkarni Committees for each district of the former State of Jaipur. This committee was given the power of fixing maintenance allowance of dependents of state grantees. It appears that before these rules came into force maintenance allowance of dependants of state grantees was fixed in case of dispute through a suit. These suits used to be filed in the Civil Courts. But a notification was published in the Jaipur Gazette of 15-6-1945, which provided that all suits against a state grantee by any chhutbhiya, maji, thakurani etc. for the grant of maintenance allowance or khangi payable from the income of a state grant shall be exclusively triable by revenue Courts, and all pending suits of this nature shall be transferred by the civil Courts to the revenue Courts.

3. The facts alleged by Bhopalsingh applicant are that in 1945 the allowance of Maji Mertaniji, opposite party, was fixed at Rs. 78/-per month. This allowance continued to be p

























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