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1951 Supreme(All) 83

CHANDIRAMANI, AGARWALA, P. L. BHARGAVA, MALIK, MOOTHAM
RAJA SURYAPALSINGH – Appellant
Versus
U. P. GOVT. – Respondent


Advocates Appeared:
A.P.Dube, BALESHWARI PRASAD, CHOUDHRY NIAMATULLAH, D.D.Seth, G.P.Tandon, G.S.PATHAK, GOPALJI MEHROTRA, JAGDISH SVARUP, KANHAIYA LAL MISHRA, M.C.Setalvad, M.L.CHATURVEDI, NASIRULLAH BEG, P.L.BANERJI, P.M.L.VARMA, P.R.DAS, S.K.DAR, S.N.Dwivedi, SATISH CHANDRA

MALIK, CJ.

( 1 ) THESE are applns. under Article 226 of the Constitution challenging the constitutionality of an act known as the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U. P. Act No. I of 1951 ).

( 2 ) ON 8-8-1946, the United Provinces Legislative Assembly passed the following resolution :

"this Assembly accepts the principle of the abolition of the zamindari system in this Province which involves intermediaries between the cultivator and the State and resolves that the rights of such intermediaries should be acquired on payment of equitable compensation and that Govt. should appoint a Committee to prepare a scheme for this purpose. "

( 3 ) A Committee was appointed to give effect to the resolution and to prepare the necessary scheme. It made its report in July 1948. A Bill was introduced in the United Provinces legislative Assembly on 7-7-1949. After some amendment it was passed by the State legislature on 16-1-1951, and it received the assent of the President on 24-1-1951.

( 4 ) ALTHOUGH the Preamble to the Act declares that-

"whereas it is expedient to provide for the abolition of the zamindari system which involves intermediaries between the tiller of the so















































































































































































































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