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Issues Involved:
1. Jurisdiction to issue a writ of certiorari. 2. Interpretation of Section 30(1) proviso (b) and Section 168(2) of the Madras Estates Land Act, 1908. 3. Authority of the Board of Revenue to enhance rent. Issue-Wise Detailed Analysis: 1. Jurisdiction to Issue a Writ of Certiorari: The appellants sought a writ of certiorari to quash the order of the Collective Board of Revenue, arguing that the Board exceeded its powers by enhancing rents beyond the statutory limit. The High Court of Madras dismissed the petition, holding that the Board had the authority to enhance rents by 37.5%. The ancient writ of certiorari in England is an original writ issued by a superior Court requiring the record of proceedings from an inferior Court to be transmitted for review. It aims to ensure that the jurisdiction of the inferior tribunal is properly exercised. The writ does not issue to correct purely executive acts but applies to judicial acts. This principle has been transplanted to British India. The appellants argued that the Board of Revenue's decision to enhance rents by 37.5% exceeded the statutory limit of 12.5% under Section 30(2)(b) of the Madras Estates Land Act. The High Court held that if the limitation applied, the appellants would be entitled to a writ of certiorari, but concluded that the Board had the power to enhance rents by 37.5%. The jurisdiction to issue the writ of certiorari in this case was debated, considering the historical context and the powers conferred by various statutes and charters. The Supreme Court at Madras, established by the charter of 1800, inherited the powers of the Mayor's Court and Recorder's Court but lacked the authority to issue certiorari beyond the Presidency-town to Indians or Courts of the Company in the mofussil. The High Court's jurisdiction to issue certiorari was questioned based on the location of the Board of Revenue within the Presidency-town. The Court concluded that the jurisdiction must be substantive and not merely based on the Board's location. The High Court did not have the authority to issue a writ of certiorari to the Board of Revenue in this case. 2. Interpretation of Section 30(1) Proviso (b) and Section 168(2) of the Madras Estates Land Act, 1908: The appellants argued that the enhancement of rent beyond 12.5% violated Section 30(1) proviso (b) of the Act, which limits rent increases to two annas in the rupee or 12.5%. The Board of Revenue's decision to enhance rents by 37.5% was challenged. Section 168(2) requires the Collector to presume that the existing rent is fair and equitable unless proven otherwise and to have regard to the provisions of the Act for determining rates of rent payable by a ryot. The Collective Board of Revenue interpreted "have regard to" as requiring consideration of these provisions but not strict adherence. The Board of Revenue considered various factors, including the long time since the last rent settlement, the rise in prices, and the general economic improvement, to determine a fair and equitable rent. The High Court supported this interpretation, stating that the duty to "have regard to" the provisions does not impose a rigid limit on rent enhancement. 3. Authority of the Board of Revenue to Enhance Rent: The Board of Revenue's authority to enhance rents was examined in light of the statutory provisions. The Board's decision to enhance rents by 37.5% was based on a comprehensive assessment of various factors affecting the fairness and equity of the rent. The High Court and the Collective Board of Revenue concluded that the enhancement was within the powers entrusted to the Board under Section 172 of the Act. The Board's decision was not limited by the 12.5% cap in Section 30(1) proviso (b) when determining fair and equitable rent under Chapter XI of the Act. The High Court's interpretation of the statutory provisions and the Board's authority was upheld, and the appeal was dismissed. Conclusion: The High Court of Madras had no jurisdiction to issue a writ of certiorari to the Board of Revenue in this case. The Board of Revenue's decision to enhance rents by 37.5% was within its powers under the Madras Estates Land Act, 1908. The appeal was dismissed, and the appellants were ordered to pay the costs of the respondent zemindar.
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