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PETITIONER: SARWARLAL AND OTHERS
Vs.
RESPONDENT: THE STATE OF HYDERABAD
DATE OF JUDGMENT: 16/03/1960
BENCH: SHAH, J.C. BENCH: SHAH, J.C. SINHA, BHUVNESHWAR P.(CJ) IMAM, SYED JAFFER SARKAR, A.K. GUPTA, K.C. DAS
CITATION: 1960 AIR 862 1960 SCR (3) 311 CITATOR INFO : R 1975 SC 706 (16)
ACT: Jagir, Abolition of--Regulations promulgated by Military Governor and Prime Minister--Constitutional validity- Delegation of authority by Nizam--Nature and extent- Hyderabad (Abolition of jagirs) Regulation, 1358 Fasli, s. 6(4)-Hyderabad jagir (Commutation) Regulation (XXV of 1359 Fasli) s. 4(1)(c), 4(2)--Constitution of India, Art. 32(B).
HEADNOTE: After the Police action in the State of Hyderabad in August, 1948, the Nizam, by a Farman dated September 19, 1948, invested the Military Governor " with all authority for the administration of the State " and by a later Farman declared that " the said authority includes and has always included authority to make Regulations." By virtue of the said powers, the Military Governor promulgated the Hyderabad (Abolition of jagirs) Regulations of 1358 Fasli. Thereafter on the termination of the appointment of the Military Governor, the Nizam by another Farman appointed Mr. Vellodi as his Chief Minister and directed that " all the powers of administration, vested in the Military Governor before the said d...