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A. N. GROVER, C. A. VAIDIALINGAM, K. S. HEGDE, M. HIDAYATULLAH, R. S. BACHAWAT
State Of M. P. – Appellant
Versus
Rannojirao Shinde, Krishnarao Shinde – Respondent
Judgement
HEGDE, J. :- In these connected appeals by certificates the question that arises for decision is whether the Madhya Pradesh Abolition of Cash Grants Act of 1963 (Act No. XVI of 1963) is ultra vires the provisions of the Constitution. The respondents in these appeals were entitled to receive cash grants from the Government of Madhya Pradesh. The impugned Act abolished such grants but provided for the payment of certain compensation to the grantees. The respondents challenged the vires of the Act before the High Court Madhya Pradesh in Miscellaneous Petitions Nos. 21 and 22 of 1963, on various grounds. The High Court rejected all the contentions advanced on behalf of the respondents, excepting one, namely, that the Act is ultra vires of Article 19 (1) (f) of the Constitution and is not saved by sub-article (5) thereof. After obtaining from the High Court certificates under Article 133 (1) (c), the State of Madhya Pradesh has filed these appeals. The State is challenging the correctness of the decision of the High Court to the extent it went against it. The respondents on their part, in addition to supporting the findings of the High Court which are in their favour, relied al
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