Ziaullah Khan vs State of U. P. - 1955 Supreme(All) 63

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1955 Supreme(All) 63

MOOTHAM, AGARWALA
Ziaullah Khan – Appellant
Versus
State of U. P. – Respondent

Advocates:
Hari Swarup, for Applicants; Standing Counsel, for Opposite Parties.

Judgement

AGARWALA, J.:- This is a petition under Art.226 of the Constitution by two jagirdars of certain villages in the territories formerly forming part of the State of Rampur and now part of the State of Uttar Pradesh. The jagirdars had to pay no land revenue to the State and paid only a cess called the Chaukidara Tax. They were proprietors of the land comprised within their respective jagirs.

2. The State of Uttar Pradesh passed an Act, called the U.P. Zamindari Abolition and Land Reforms Act, 1950 (Act I of 1951) which came into force on 26-1-1951. The Act did not apply in the first instance to the territories formerly forming part of the State of Rampur, now the District of Rampur, but S.2 of the Act empowered the State Government to extend the Act to the district of Rampur "subject to such exceptions or modifications, not affecting the substance" as the State Government may, by notification, specify in this behalf. The proviso to S.2 lays down:

"Provided that, when this Act or its provisions are so extended to such areas or estates, with or without exceptions or modifications, so much of any Act or Regulation in force therein as is consistent with this Act or the provisions so