DARBAR SHRI VIRA VALA SURAG'VALA, VADIA versus THE STATE OF SAURASHTRA (NO-W BOMBAY)

DARBAR SHRI VIRA VALA SURAG'VALA, VADIA versus THE STATE OF SAURASHTRA (NO-W BOMBAY)

The grant was made to the petitioner as a Bhayat (cadet); on his becoming the Ruler, he ceased to be a cadet and the grant lapsed. There was no infringement of the petitioner’s fundamental rights when the State resumed the village, as the grant's nature included a defeasance clause ending upon him becoming Ruler.

Parties
Petitioner: Darbar Shri Vira Vala Surag Vala, Vadia; Respondent: State of Saurashtra
Jurisdiction
India
Judgment Date
14 April 1960
Procedural Posture
Petition Under Article 32 of the Constitution of India / Final Judgment
Outcome
Petition dismissed with costs
Legal Topics
Primogeniture, Succession of Rulers, Fundamental Rights, Grant of Property, Appanage
Constitutional Law Property Law Primogeniture Succession of Rulers Fundamental Rights Grant of Property Appanage

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Parties

Darbar Shri Vira Vala Surag Vala, Vadia

Petitioner

State of Saurashtra

Respondent

Procedural Posture

Petition Under Article 32 of the Constitution of India / Final Judgment

Legal Issues

  1. 1 Whether the grant of the village lapsed when the grantee became the Ruler
  2. 2 Whether the notification depriving the petitioner of the village infringed his fundamental rights

Ratio Decidendi

The grant was made to the petitioner as a Bhayat (cadet); on his becoming the Ruler, he ceased to be a cadet and the grant lapsed. There was no infringement of the petitioner’s fundamental rights when the State resumed the village, as the grant's nature included a defeasance clause ending upon him becoming Ruler.

Court Disposition

Petition dismissed with costs

Orders

  • Petition dismissed with costs