Kapur, J.

1. Counsel moves that this Court should declare Section 5(2)(d) of the Puniab Court of Wards Act (II of 1903), hereinafter referred to as the Act, void and ultra vires of the Constitution of India and the continuance of the Superintendence of the estate of, the petitioner Raja Harmahendra Singh of Dada Siba by the Court of Wards as malicious, illegal and without jurisdiction. He also prays for the issue of a writ of certiorari or any other appropriate writ of cancelling the notification issued on 31st August 1949, as a result of which the Court of Wards assumed superintendence of the estate of the petitioner and for a mandamus directing the restoration to the petitioner of the estate. Rule was issued on 9th November 1951 by my Lord the Chief Justice.

2. The petitioner is the owner of the estate of Dada Siba in the district of Kangra, In 1933 the estate was taken over by the Court of Wards during the minority of the petitioner and was managed and administered by them. In 1945 the petitioner attained majority and the estate was released from the superintendence of the Court of Wards. The petition alleges that after the estate was restored to the petitioner he effect