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1968 Supreme(All) 279

GUR SHARAN, LAKSHMI PRASAD
Raja Jitendra Singh – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
Md. Husain, Advocate, for the Appellants; Chief Standing Counsel, For the Respondents

JUDGMENT

Lakshmi Prasad, J. - Raja Jitendra Singh prefers this appeal from the judgment of a learned single Judge by which his petition under Article 226 of the Constitution for certiorari quashing assessment under the Large Land Holdings Tax Act made against him in respect of the year 1358 fasli has been dismissed.

The appellant succeeded to the estate of Chandapur in the year 1945 when he was a minor. The management of his estate was accordingly taken over by the Court of Wards. On the abolition of the Court of Wards the management of his estate was entrusted to the District Judge, Rae Bareli and it was ultimately released on the appellants' attaining majority on 4th March, 1958. The appellants' Sir and Khudkasht land in all the villages except in village Chandapur was sublet to tenants when the Court of Wards took management and that position continued till after the abolition of zamindari. The appellant paid land revenue more than Rs. 250/- a year. The allegation in the petition is that on these facts the sub-tenants became adhivasis and subsequently sirdars but under a misapprehension the appellant believed that since he was a disabled person, these sub-tenants were only asamis

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