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1951 Supreme(All) 140

MUSHTAQ AHMAD, V.BHARGAVA
RAVI PRATAB NARAIN SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
A.P.Pandey, K.L.MISHRA, Shripat Narain Singh

V. BHARGAVA, J.

( 1 ) SHRI Lt. Sahabzada Ravi Pratap Narain Singh, Raja of Rudrapur Estate, Rudrapur, District deoria, has filed this petition, requesting this Court to issue a direction in the nature of a writ ob cerbiorari calling for all the records relating to the issue of a declaration under Section 8 (1) (d) (v ). U. P. Court of Warda Act, 1912 (Act iv [4] of 1912) for the assumption of superintendence of his estate by the Court of Wards, to quash the declaration and all the proceedings connected therewith and to direct the opposite party, the State of Uttar Pradesh and the Court of Wards, u. P. , to hand over the estate of the petitioner to him. This request for issue of a writ of certiorari and other directions was based on two grounds: The first ground was that Section 8 (1) (d) (v), U. P. Court of Wards Act, 1912, was ultra vires inasmuch as it constituted an infringement of the fundamental rights of the petitioner guaranteed under Article 19 (f) of the Constitution. The second ground was that, in making a declaration under Section 8, U. P, Court of Wards Act, the opposite-party was discharging a quasi-judicial function and, in doing so, it had contravened the fundamental














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