Law:

Section:

​Act of State-Ruler of a native state granted certain rights in forest to grantees-State merged with Dominion of India Dominion of India did not recognise the grant-Effect of non recognition before Constitution and after Constitution-If non-recognition of the grant amounts to an act of State Government of India Act 1935-Constitution of India, Art. 32. HEADNOTE: The Ruler of the State of Sant had issued a Tharao dated 12th March 1948, granting full right and authority to the jagirdars over the forests in their respective villages. Pursuant to the agreement dated March 19, 1948, the State of Sant merged with the Dominion of India. On October 1, 1948, Shree V. P. Menon, Secretary to the Government of India, wrote a letter to the Maharana of Sant State expressly declaring that no order passed or action taken by the Maharana before the day ofApril 1st 1948, would be questioned. After merger there wasobstruction by the forestofficers whenthe respondents werecutting the forests, but after some correspondence they were permitted to cut the trees on furnishing an undertaking that they would abide by the decision of the government. The Government of Bombay, after considering the implications of the Tharao, decided that the orderwas mala fide and cancelled it on 8thJuly 1949 Inthe meantime these respondents were stopped from working the forests by the Government of Bombay. Thereupon these respondents filed suits for declaration of rights in the forests and for a permanent injunction against interference with those rights by the State. The respondents claimed in these suits that the rights of the grantees to the forests were not liable to be cancelled by the Dominion of India after the merger of the State of Sant in June, 1948, by executive action, and that the Government of Bombay was not competent to obstruct them in the exercise of those rights. Their claims were opposed by the State of Bombay mainlyon the ground that in theabsence of recognition, express or implied, by the successor State of the rights conferred by the former ruler on the jagirdars the respondents could not enforce them in the Municipal Courts. These respondents filed five suitsagainst the State of…

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