( 1 ) WITH a view to provide for a more equitable distribution of land, the Madhya pradesh Ceiling on Agricultural Holdings Act, 1960 (Act No. 20 of 1960, hereinafter called the "ceiling Act") was enacted to fix ceiling on existing holdings as well as on future acquisition of Agricultural lands. The surplus land vesting in Government is to be allotted on payment of occupancy price to needy equivalent Citation: persons and co-operative farming societies in certain priorities. Section 7 of the act prescribes the maximum extent of land to be held by a person or family. Section 9 requires submission of a return by person holding land in excess of ceiling. Section 10 empowers the Competent Authority to require a person to furnish the return, if he holds land in excess of the ceiling area, but has not submitted the return. Section 11 contains provisions for preparation of statement of land held in excess of the ceiling area. Section 12 declares that all surplus land shall be deemed to be needed for a public purpose and shall vest in the State absolutely free from all encumbrances with effect from the commencement of the agricultural year next following the date on which it is declared surplus. The open and substantive part of Section 9 reads thus :

''every holder who on the appointed day holds land in excess of the ceiling area shall in respect of all land held by him including exempted land, if any, furnish within a period of three months from the appointed day to the competent authority a return containing the following information. . . . . . . . . . . . " section 10 enacts thus : "if any person holding land in excess of the ceiling area fails to submit the return under Section 9, the competent authority may, by a notice in such form and served in such manner as may be prescribed, require such person to furnish the return within the time specified in the notice and on his failure to do so, obtain the necessary information in such manner as may be prescribed. "

( 2 ) THE petitioner, Her Highness Mehr Taj Nawab Sultan, daughter of His Late highness Nawab Hamidulla Khan, condom Ruler of Bhopal, received a notice from the Competent Authority calling upon her to furnish returns of all lands held by her containing information required under Section 9 of the Act.

( 3 ) IN compliance with the aforesaid notice, the petitioner furnished returns containing the required information in respect of the lands held by her in 'bhumiswami' rights. She, however, did not furnish return in respect of such agricultural lands as she claimed to be holding as "ruler's private property". She claimed immunity from the Act. Her contention was that the Act did not apply to her private properties, which she held as "ruler's private properties". It was urged on her behalf that she was not a "holder" in respect of those lands and as such, she was not bound to furnish a return in respect of the lands held by her as "ruler's private property. " She challenged the jurisdiction of the competent Authority, to require her to furnish a return in respect of such properties. ( 4 ) BY his order, dated January 7, 1969, (Annexure B), the Commissioner directed the petitioner to furnish the required information. The petitioner preferred an appeal against this order to the Board of Revenue. That appeal was dismissed by order, dated January 7, 1971, (Annexure A ). Finding herself without any other remedy, she filed this Writ Petition under Article 226 of the constitution. Equivalent Citation:

( 5 ) THE petitioner's case is this : Bhopal was a princely State ruled by His highness Nawab Hamidullah Khan Sahib. In the year 1947, the said Nawab executed an instrument of Accession, which was accepted by the Governor-General of India. On April 30, 1949, a Merger Agreement was signed, whereby the administration of the State of Bhopal was transferred to the Government of india with effect from June I, 1949. By virtue of Article V of the Merger agreement, it was provided th