( 1 ) THIS is an application for the issue of a writ of certiorari and mandamus or any other suitable prerogative writ which might be deemed fit and appropriate against the opposite parties quashing the declaration dated 10-12-1949 whereby the applicant was declared in-capable of managing his estate under Section 8 (1) (d), U. P. Court of Wards Act IV [4] of 1912. The facts which are not disputed are as follows.

( 2 ) THE applicant Shri Avadhesh Pratap Singh is a taluqdar of the estate known as Khajurahat, pargana Paschim Rath, district Faizabad, of which the Government revenue is about RS. 32000. It is entered at No. 136 of list 1 and No. 62 of list 3 of the Oudh Estates Act. The devolution of the estate is governed by the rule of lineal primogeniture. The applicant came in possession of the estate on or about 12-5-1940, when his father, the previous Taluqdar, died. There are some members of the family of the applicant who, according to the applicant, are merely entitled to maintenance out of the estate, but who, on the other hand, claim to be co-sharers with the applicant. It appears that there was some dispute between the applicant and these Guzaredars or co-sharers and certain suits were brought by them against the applicant for profits. The applicant disputed their claim to co-sharership and the right to claim profits in those suits.

( 3 ) CERTAIN notices under the U. P. Court of Wards Act, No. IV [4] of 1912, were issued to the applicant by the State of Uttar Pradesh, the result of which was that the applicant was dispossessed from the management of his own estate and the same was to be taken over by the u. P. Court of Wards. It is necessary at this stage to understand the provisions of the Court of wards Act under which the notices were issued.

( 4 ) CHAPTER in of the Act consisting of Sections 8 to 16, both inclusive, deals with the assumption of superintendence of persons and property of disqualified proprietors. Section 8 (1) defines the circumstances in which the proprietors will be deemed to be disqualified to manage their own property. These fall under four categories-- (a) minors (b) females declared by the local government to be incapable of managing their own property (c) persons adjudged by a competent civil Court to be of unsound mind and incapable of managing their own property and (d) persons declared by the local Government to be incapable of managing or unfit to manage their own property.

( 5 ) PERSONS falling under Clauses (b) and (d) are, therefore, persons about whom a declaration has to be made by the local Government. In the case of persons falling under Clauses (a) and (c) the local Government does not make any such declaration. In the cases falling under Clause (d) the local Government can make a declaration for any one of five reasons. The first four reasons are as follows : (i) Physical or mental defect or infirmity unfitting them for the management of their own property; (ii) Conviction of a non-bailable offence and unfitness by vicious habits or bad character; (iii) Entering upon a course of extravagance and (iv) Failure without sufficient reason to discharge the debts and liabilities due by them.

( 6 ) THESE four reasons were in the original Act as it was passed. By the U. P Court of Wards (Amendment), Act No. XVI [161 of 1947, a fifth reason was also added-- (v) Such mismanagement as has caused "general discontent among the tenants. " A declaration under this clause, however, was not to remain in force for more than two years.

( 7 ) SECTION 8 (1) contains a proviso to the following effect : "provided that no such declaration (under Clause (d) of Section 8 (1)) shall be made under sub-clauses (iii) or (iv) unless the local Government is satisfied : (a) that the aggregate annual interest payable at the contractual rate on the debts and liabilities due by the proprietor exceeds 1/3rd of the gross annual profits of the property; and (b) that such extravagance or failure to discharge