TaxTMI 
TaxTMI 
1969 (9) TMI 133
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....oner asked for quashing all actions and proceedings, orders, directions and resolutions in connection with the delivery of the properties of the late Ruler of Dholpur to the respondent Hemant Singh, the adopted son of the late Ruler of Dholpur. 3. For the sake of brevity the petitioner who happens also to be the appellant will be referred to as the petitioner in this judgment. 4. The petitioner alleges that Maharaj Rana Udaibhan Singh of Dholpur died on 22 October, 1954 leaving behind private properties worth more than three crores of rupees. The estate left behind by the said Ruler of Dholpur is claimed to be an impartible estate and, therefore, the petitioner claims to be entitled to the said estate according to law and custom of lineal male primogeniture. 5. The Dholpur State was formed in 1806. After the Indian Independence Act, 1947 the Dholpur State became integrated with the Matsya Union some time in the month of March, 1948. On 30 March, 1949 the United State of Rajasthan was formed. The Matsya Union was eventually merged in the United State of Rajasthan on 15 May, 1949. Some tune in the month of March, 1949 there was a Covenant among the Rulers of several States c....
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.... the said Committee and that the petitioner relied on Article XIV of the Covenant and disputed the jurisdiction of the aforesaid Committee to go into the rival claims of the Rulership of Dholpur. The Committee held sittings and submitted a report to the Government of India. By notification dated 13 December, 1956, the President of India in pursuance of Clause (22) of Article 366 of the Constitution recognised His Highness Maharaja Rana Shri Hemant Singh as the Ruler of Dholpur with effect from 22nd October, 1954. 8. Counsel on behalf of the petitioner contended, first, that the handing over or authorising taxing over private properties worth more than three crores of rupees was by executive fiat and the Government Order was ex-facie bad and infringed Articles 19(1)(f) and 31 of the Constitution. The second contention was that the recognition of a Ruler even if it was an instance of exercise of political power of the President was itself an insignia of property and, therefore, such recognition could only be by authority of law and would have to yield to fundamental rights. It was also said on behalf of the petitioner that after the Constitution, recognition of Ruler was not an ex....
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....al law of succession to the said private properties. The recognition of the Ruler is a right to succeed to the gaddi of the Ruler. This recognition of Rulership by the President is an exercise of political power vested in the President and is thus an instance of purely executive jurisdiction of the President. The act of recognition of Rulership is not, as far as the President is concerned, associated with any act of recognition of right to private properties. In order to establish that there has been an infringement of rights to property or proprietary rights, the petitioner has to establish that the petitioner owns or has a right to property which has been infringed by the impugned act. In the present case, the petitioner cannot be heard to say that the petitioner possesses any private property which has been invaded. The petitioner's contention fails for two reasons. First, the recognition of Rulership by the President does not, as far as the President is concerned, touch any of the private properties claimed. Secondly, the petitioner does not possess any private property which has been effected by the act of recognition of Rulership. It must be stated here that as far as the....
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....f Article XIV of the Covenant is that the claim to succession on the basis of custom and law is preserved. Article XIV of the Covenant by itself is not evidence of any custom or law. If the petitioner relied on Article XIV, the petitioner has to establish such right based on custom or law before the appropriate authority. Whatever rights the petitioner asserted in regard to succession were the subject matter of enquire by the Committee which was constituted by the President to enquire into the rival claims to recognition of Rulership. The petitioner appeared before the Committee and preferred claims. The Committee was constituted to examine the contentions of rival claimants. The Committee gave its report as to who was best entitled to recognition by the President. It was entirely a matter within the province of the President to recognise a Ruler. The power to recognise a Ruler which is conferred on the President by the Constitution cannot be challenged on the ground that the power is unguided. The President exercised the power by appointing a Committee to examine the rival claims. 12. The recognition of Rulership is one of personal status. It cannot be said that claim to recogn....