SIKANDER JEHAN BEGUM AND ANOTHER versus ANDHRA PRADESH STATE GOVERNMENT

SIKANDER JEHAN BEGUM AND ANOTHER versus ANDHRA PRADESH STATE GOVERNMENT

Section 13(2) of the Hyderabad Atiyat Enquiries Act, 1952, does not violate Articles 14 or 19(1)(f) of the Constitution because succession to Atiyat Jagirs is not a legal right but subject to the discretion of the State, and classifying orders passed during the specified period does not constitute unconstitutional discrimination.

Parties
Petitioners/appellants: Sikander Jehan Begum and Another; Respondent: Andhra Pradesh State Government; Other Respondents: Respondents Nos. 8 to 13 (in the appeal) and 6 to 11 (in the petition)
Jurisdiction
India
Judgment Date
20 December 1961
Procedural Posture
Civil Appeal and Writ Petition / Final Judgment on Constitutional Validity; Appeal Against High Court Decision and Writ Petition Under Article 32
Outcome
Writ petition and appeal dismissed with costs.
Legal Topics
Validity of Validating Legislation, Enforceability of Fundamental Rights, Atiyat Jagir Succession, Civil Court Jurisdiction Exclusion
Constitutional Law Property Law Validity of Validating Legislation Enforceability of Fundamental Rights Atiyat Jagir Succession Civil Court Jurisdiction Exclusion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Sikander Jehan Begum and Another

Petitioners/appellants

Andhra Pradesh State Government

Respondent

Respondents Nos. 8 to 13 (in the appeal) and 6 to 11 (in the petition)

Other Respondents

Procedural Posture

Civil Appeal and Writ Petition / Final Judgment on Constitutional Validity; Appeal Against High Court Decision and Writ Petition Under Article 32

Legal Issues

  1. 1 Whether section 13(2) of the Hyderabad Atiyat Enquiries Act, 1952, violates Articles 14 and 19(1)(f) of the Constitution of India by barring recourse to civil courts for succession disputes in relation to Atiyat Jagirs and validating certain executive orders

Ratio Decidendi

Section 13(2) of the Hyderabad Atiyat Enquiries Act, 1952, does not violate Articles 14 or 19(1)(f) of the Constitution because succession to Atiyat Jagirs is not a legal right but subject to the discretion of the State, and classifying orders passed during the specified period does not constitute unconstitutional discrimination.

Court Disposition

Writ petition and appeal dismissed with costs.

Orders

  • Both the writ petition and the appeal fail and are dismissed with costs; one set of hearing costs.