Professional Documents
Culture Documents
2015-08-25 (Page 1 of 5 )
www.manupatra.com
National Law University and Judicial Academy
includes any holder of land which is exempt from the payment of rent or tax.
The definition of "Ruler" in clause 22 of Article 366 of the Constitution of India is
plainly artificial and meant only for interpreting the provisions of the Constitution. It
was not meant for interpreting other Acts.
Clause 1 of Article 363 of the Constitution is a bar to interference by Courts in
disputes arising out of "Instrument of Accession" and "Stand Still Agreement"
executed by the Ruler of a merged state.
ORDER
1. This is a petition under Articles 226 and 227 of the Constitution.
2. The Petitioner is the Maharaja and Ruler of the former State of Bastar which is now being
administered as a part of the State of Madhya Pradesh. The Petitioner had prayed for several
reliefs originally, but now, in view of the decision of the Supreme Court in - State of Bihar v.
Kameshwar Singh MANU/SC/0020/1952 : AIR 1952 SC 252, he confines himself to the relief to
the effect that it be declared that the Madhya Pradesh Abolition of Proprietary Rights (Estates,
Mahals, Alienated Lands) Act, 1950, does not affect his proprietary right in the villages set out
in Schedules A and B to the petition.
3. According to the Petitioner, after the passing of the Indian Independence Act, 1947, the
paramountcy of the British Crown lapsed and he became a Sovereign Ruler of the territories
comprised within the State of Bastar. The Petitioner then entered into an agreement with the
Government of India and executed an 'Instrument of Accession' on the 14th of August 1947.
Subsequently, he, like several other Indian Rulers, entered into an agreement with the
Dominion of India popularly called 'The Stand Still Agreement'. Finally, on 15th December 1947,
he entered into an agreement with the Government of India, known as the 'Merger Agreement'
to the effect that the administration of the State of Bastar should be integrated with the Central
Provinces and Berar [now the State of Madhya Pradesh) in such manner as the Government of
India thought fit, that the Petitioner ceded to the Dominion Government full and exclusive
authority, jurisdiction and powers in relation to the governance of the State and that the
administration of the State would be transferred to the Dominion Government as from 1st
January 1948. According to the Petitioner, he is still the Ruler of the State of Bastar and that he
has been so recognized by the Government of India and by the Constitution itself.
4. The Petitioner further points out that the aforesaid agreement entered into by him with the
Government of India has provided that he should be entitled to the full ownership, use and
enjoyment of all his private properties belonging to him on the date of the agreement. He has
specified a portion of the property in Schedules A and B to his petition. Schedule A sets out the
names of 22 villages, 14 of which are collectively known as 'Bhandar villages' and the remaining
8 as 'Dowry villages'. Schedule B sets out the names of. 29 villages which, it is said, the Ruler
always, reserves for his 'Patrani'. The group of these villages is known as the 'Patrani Jagir';
According to the Petitioner he holds these villages in absolute right, subject to one condition
that upon his marriage the income from the Patrani Jagir would be paid to his wife for her
maintenance during her lifetime. The Bhandar villages have always been 'maufi' villages while
the Dowry villages and the villages in the Patrani Jagir were excluded from the revenue
settlements of Bastar State.
5. He points out that though he is still the Sovereign Ruler and absolute owner of these,
villages, his proprietary, right in them is being, acquired by the State of Madhya Pradesh, under
the Madhya Pradesh Abolition of Proprietary Rights Act, 1950. According, to him, the provisions
of this Act do not apply to him because, in the first place, his rights have been recognized and
guaranteed under the agreements entered into by him with. the Government of India, and, in
the second place, because the provisions of the Madhya Pradesh Abolition of Proprietary Rights
Act do not apply to a Ruler or to the private property of a Ruler which is not assessed to landrevenue. In support of the contention raised by the Petitioner his learned Counsel Shri Kotval
relies on Article 6 of the Instrument of Accession, dated 14th August 1947 and the first
2015-08-25 (Page 2 of 5 )
www.manupatra.com
National Law University and Judicial Academy
paragraph of Article 3 of the Merger Agreement, dated 15th December 1947. These two Articles
run thus:
Article 6 of the Instrument of Accession:
Nothing in this Instrument shall empower the Dominion Legislature to
make any law for this State authorising the compulsory acquisition of
land for any purpose, but I hereby undertake that should the Dominion
for the purposes of the Dominion law which applies in this State deem'
it necessary to acquire any land, I will at their request acquire the land
at their expenses or if the land belongs to me transfer it to them on
such terms as may be agreed, or, in default of agreement, determined
by an arbitrator to be appointed by the Chief Justice of India.
Article 3 of the Merger Agreement:
The Maharaja shall be entitled to the full-ownership, use and enjoyment
of all private properties (as distinct from State properties) belonging to
him on the date of this agreement.
The Maharaja will furnish to the Dominion Government before the 1st of
January 1948, an inventory of all Immovable property, securities and
cash balances held by him as such private property.
If any dispute arises as to whether any item of property is the private
property of the Maharaja or State property, it shall be referred to such
officer with Judicial experience as the Dominion Government may
nominate and the decision of that Officer shall be final and binding on
both parties.
He also refers us to Article 362 of the Constitution which requires the Parliament or the
Legislature of a State to have due regard to the rights and privileges of the Rulers of the Indian
States which were guaranteed or assured under any agreement which a Ruler had entered into
with the Government of India. This Article, however, refers only to a covenant or agreement
which is referred to in Article 291(1) of the Constitution. The guarantee in that provision refers
only to the receipt of Privy purse, free of tax, and not to any other-right, his Article, therefore,
is of no avail to the Petitioner in this case.
6. It is contended by the learned Counsel that the Petitioner's rights under Article 6 of the
Instrument of Accession and Article 3 of the Merger Agreement would be infringed if it was held
that the Madhya Pradesh Abolition of Proprietary Rights Act, 1950, applied to the property held
by a Ruler. All that we need say is that Clause (1) of Article 363 of the Constitution is a bar to
interference by Courts in disputes arising out of these two Instruments. The first point taken on
behalf of the Petitioner therefore fails.
7. As regards the second point, what is contended, in the first place, is that the Madhya Pradesh
Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, applies only to a
property which is held by a person who falls within the definition of 'proprietor' contained in
Section 2(m) of the Act and that the Petitioner being still the Ruler does not fall within that
definition. We would reproduce that provision below:
'Proprietor' in relation to(i) the Central Provinces, includes an inferior proprietor, a protected
thekadar or other thekadar, or a protected headman;
(ii) the merged territories means a maufidar including an ex-Ruler of an
Indian State merged with Madhya Pradesh, a Zamindar, Ilaquedar,
2015-08-25 (Page 3 of 5 )
www.manupatra.com
National Law University and Judicial Academy
2015-08-25 (Page 4 of 5 )
www.manupatra.com
National Law University and Judicial Academy
According to the Petitioner, these villages were not assessed to land-revenue; but this fact is
denied on behalf of the State. Since the fact was denied by the State, it was necessary for the
Petitioner to establish that these villages were never assessed to land-revenue. There is no
evidence to this effect. On the contrary it would appear from the documents on record that the
villages known as 'Bhandar villages' have been assessed to land-revenue. The rest of the
villages in Schedule A and the villages in Schedule B have not, so far, been recognized as the
private property of the Petitioner by the Government of India as required by paras 2 and 3 of
the Merger Agreement. Till they are: so recognized the Petitioner cannot assert his ownership
over them. The contention raised by him must, therefore, fail.
12. In the result the petition must be dismissed and accordingly we dismiss it with-costs.
Counsel's fee Rs. 250/-.
2015-08-25 (Page 5 of 5 )
www.manupatra.com
National Law University and Judicial Academy