THE COLLECTOR OF SOUTH SATARA & ANR. versus LAXMAN MAHADEV DESHPANDE & ORS.

Citation: [1964] 2 S.C.R. 48 · Decided: 13-02-1963 · Supreme Court of India · Bench: P.B. GAJENDRAGADKAR · Disposal: Appeal(s) allowed
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Judgment (excerpt)

1963 
;,-. VtnAtUtnami::~ 
v . 
.1. Stclharan:a Redd_) 
Dus f.,":1pta, J. 
1963 
Fcbrua')I, IJ. 
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48 SUPREME COURT REPORTS [1964] VOL. 
additional evidence was taken in this case in bn:ach 
of thr prrn·i•iom of l:m. 
' 
There is nothing therefore that would justify 
us in· interfering with the findings of facts on which 
the High Court based its decision. 
The appeal is accordingly dismissed with costs. 
Appeal dismissed. 
THE COLL.ECTOR OF SOUTH SATARA 
& ANR. 
v. 
LAX:\fAN MAHADEV DESHPANDE & ORS. 
(P. B. GA.JENDRAGADKAR, K. N. WANCIIOO, 
1\1. HIDAYA1TLLAH, K. C. DAS GrPTA and 
]. c. SHAil, .JJ.) 
ll"a/~01 /11,ntl.-:-Jlr.:nouption by 
(/01:ernntf.nl-.\'at~trc uf tit-(', 
t•·n lllC of land ltr:.ld original1.y aJt u:aLa11. 111n,[ 1 afrcr C1J1n111 ut~1ti•Jli 
of ,w·"icc-lion./my llcrcdila(// OJ/i•:C·i Ad, l.\'71 ([/I of IS]./), 
s.<. 4, J', (1) (2), cl. (3), 
·?~-/,oss of ll"aian riJ/d8 ;,. la11J-
(Jranl of co1np(;n.sation if ~onte-nipfrllCJl-lfrJJnbay ?ara1an 11 a111l 
!lalkuo1i Walans (Abolition) Act, IU(JO (B'"''· L.\. of 1950), 
.<s. 3, 4, G, 9 (/) (2) (") (J). 
Ou abolition of his u1ata11, the respondent applied lo the 
c~iitcctor claiining co1npcnsatiou un<lcr s. 9 of the llotnliay 
Parag,\na antl Kulkarni Watans (1\bolition) :\ct, 19'.:>0, for 
extinction of his right in che 11.'alan larid, ar.cl of his ''right !o 
enjoy part of the land revenue." The (;"J[!cctor rejected the 
application and in appeal the order \Vas 
afl'1nned by t!1c 
Revenue 'l'rihunal. 
'l'l1t Iligh Con~ t ia a 
petiti.Hl uuLl.t:r 
;\rt. 227 of the C\lllStitution set aside thC' order of the Col!ccto:-
and directed hirn to assess and pay C·Hnpensation to the respon-
dent under s. 9 (I~ of the Act. 
llel<l, that the u·alan property-if any-the hereditary 
office, and the rights and piivilcges attached thereto, 1ogcther 
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2 S.C.R. SUPREME COURT REPORTS 
49 
constitute a watan, and a hereditary office does not lose its 
character merely because the service originally appertaining to 
the office has ceased to be demanded. 
Commutation of 
service does not in the absence of an .express agreement to that 
effect alter the tenure of the land held as watan. 
By agreement, 
the State may relieve the holder of the office and his successors 
of the duty to perform the service for which the grant was 
made, but the office and the grant continue, subject to the 
terms of the settlement under s. 15 of the Bombay Hereclitary 
Offices Act, 1874. 
Appaji Bapuji v. Keshav Shamrav, ( 1890) I. L. R. 15 
Born. 13 and Bachharam Datta Patil v. Viswanath Punilalik 
Patil, [1956] S. C.R. 675, referred to. 
Held, further, that after the commutation settlement, the 
holder being relieved of the obligation to per form service, the 
office of watandar survives in name only but the land granted 
as watan remains subject to the restrictions imposed by the 
Watan Act. By the regrant of the land in occupancy right, 
on abolition or extinction of the watan, the holder is not in 
truth prejudicially affected. 
Loss of watan rights in land, and 
the watan office is compensated by the regranc of occupancy 
rights in the land. Grant of compensation was contemplated 
under sub-s. (2) of s. 9 of the Bombay Paragana and Kulkarni 
Watans (Abolition) Act for abolition, 
extinction or moditi-
cation of rights other than the rights of a watanilar, to land or 
cash allowance or remission of land revenue. 
CIVIL APPELLATE JURISDICTION : Civil Appeal 
No. 289 of 1961. 
Appeal by special leave from the judgment and 
order dated February 6, 1959, of the Bombay High 
Court in Special Civil Appeal No. 264 7 of 1958 . 
. M. C. Setalvad, C. K. Daphtary, Solicitor 
General of India, S. B. Jathar and R. H. Dhebar, 
for the appellants. 
S. G. Patwardhan and A.G. Ratnaparkhi, for 
• respondent No. 1. 
1963 
The Callectar South 
Satar a 
v. 
Lax man Mah ado 
Deshpanie 
1953 
ThL Colltc:or South 
Saiara 
v. 
f~~mlJrJ ,\f•haJtv 
Otjhp•r.it 
Sh•h J. 
• 
50 SUPREME COURT REPORTS [1964] VOL. 
I !.lli3. February J:l. 
The .Judgment of the 
Court was delivered by 
SHAH J.-With special leave, the Collector of 
South Satara has appealed against the order of the 
High Court of Judicature at Bombay directing him 
to assess compensation payable to 
the respondent 
under s. !.I ( l) of the Bombay Pargana and Kulkarni 
Watans (Abolition) Act, I !J:iO. 
Laxman 
'.'vfahadev Deshpande-hereinafter 
called 'the respondent' -was the holder of Priragrm
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