1955 (8) TMI 38 - HC - Indian Laws

Summary

Issues Involved:
1. Validity of the Rajpramukh's order post-Constitution.
2. Application of natural justice principles.
3. Impact of the Rajasthan Jagir Decisions and Proceedings (Validation) Ordinance, 1955.

Issue-wise Detailed Analysis:

1. Validity of the Rajpramukh's Order Post-Constitution:

The applicant, Purshotam Singh, sought a writ to quash the Rajpramukh's order recognizing Narain Singh's succession to the jagir. The main contention was that after the Constitution of India came into force on 26-1-1950, Article 7(3) of the Covenant, under which the Rajpramukh exercised the power of recognizing succession, was abrogated. The court noted that under the Qanoon Mal Mewar (Act No. 5 of 1947), succession to a jagir required the sanction of Shriji Hazur. However, the Rajasthan Administration Ordinance (No. 1 of 1949) modified this to substitute the Rajpramukh in place of the Ruler. The court concluded that the Covenant, being the Constitution of the new State, abrogated any inconsistent law, including Section 107 of the Qanoon Mal Mewar. Therefore, the Rajpramukh's power under Article 7(3) ended on 25-1-1950, as held in Bahadur Singh's case, and there was no power left in the Rajpramukh to pass such an order under Qanoon Mal Mewar.

2. Application of Natural Justice Principles:

The applicant argued that the principles of natural justice were not followed as the Rajpramukh did not afford him an opportunity to be heard. The court emphasized that a quasi-judicial tribunal must give a hearing to the parties before it. The minimum requirement is to allow parties to present their case, either orally or in writing, before the deciding authority. The court referred to several cases, including 'Board of Education v. Rice' and 'Local Government Board v. Arlidge', to highlight that while a formal trial may not be necessary, a fair opportunity to present one's case is essential. The court found that the Rajpramukh, acting as a quasi-judicial tribunal, did not personally hear the applicant, which violated the principles of natural justice.

3. Impact of the Rajasthan Jagir Decisions and Proceedings (Validation) Ordinance, 1955:

The Ordinance came into force on 29-7-1955, validating final decisions given by the Rajpramukh and other authorities regarding succession to jagirs. The court analyzed Section 3 of the Ordinance, which validated such decisions and barred them from being questioned in any civil court. The applicant contended that this section could not override the decision in Bahadur Singh's case. The court interpreted Section 3 as retrospectively providing a forum for the decision of such disputes and validating the decisions given by such authorities. The court concluded that the Rajpramukh, acting as a quasi-judicial tribunal, could have his decisions validated by Section 3 of the Ordinance. However, since the principles of natural justice were not followed, the court had the power to issue an appropriate writ under Article 226 of the Constitution.

Conclusion:

The court allowed the application, quashing the Rajpramukh's order communicated on 3-4-1954, and directed that the applicant's case be heard in the manner provided by Section 4(d) of the Ordinance. The court emphasized that the Rajpramukh, as a quasi-judicial tribunal, should have given a personal hearing to the applicant, and the failure to do so warranted the quashing of the order. The parties were directed to bear their own costs before the court.