Case: Jasodabai &amp; Smt. Ramchandrabai Vs. The State Of Maharashtra &amp; Anr

2. The two appellants, seeking to appeal against the common judgment and order of the Bombay High Court (Nagpur Bench), September 10, 1965, in proceedings under Art. 226 of the Constitution, applied to the Division Bench of the High Court for a certificate under Arts. 132 and 133 (1) (a) or (b) and/or (c) of the Constitution. Their applications were summarily dismissed on December 6, 1965. The present two appeals (consolidated for hearing) by special leave and are against the order refusing certificate.The appellants and 3 others had, by their several petitions under Art. 226 of the Constitution asked that certain notices issued under S.17 (2) of the Act for declaration of lands in excess of the ceilings as surplus and requiring that they be surrendered, by quashed on the ground that the Maharashtra Agricultural Lands (Ceilings on Holdings) Act, 1961 (27 of 1961) offends Arts. 14, 19 and 31 and was therefore void under Art. 13. The Divisional Bench disposed of the five petitions by a common judgment and order on September 10, 1965 dismissing them. It was held that barring S. 28, the Act was already held to be validly enacted in a decision of the High Court in another petition decided on October 25, 1968. The earlier case had laid down that the Act was saved by Art. 31-A. The Divisional Bench also pointed out that the Act was included in the 9th Schedule to the Constitution and enjoyed protection of Art. 31-B. That too was held in yet another petition. The learned counsel attempted to urge some new grounds but was not allowed to do so. The petitions were dismissed by without costs.

Reasoning:
6. There is considerable force in the submissions. As pointed out in the earlier case Art. 133 is wide enough to take in civil proceedings decided in the High Court in the exercise of the extraordinary jurisdiction provided some civil right of the party is decided. The appellants before the High Court were attempting to save their property by challenging the validity of the Act and the decision of the Court that the Act was valid directly affected the civil rights of the parties in properties well over the mark in value. In these circumstances, the High Court could not refuse thewould have, therefore, seriously considered remanding the case to the High Court for the grant of a certificate but for two things. Special leave was granted on may 5, 1966. Since then on April 10, 1968, in State of Maharashtra v. Madhavrao Damodar, (1968) 3 SCR 712  = (AIR 1968 SC 1395 ) this Court has held the Act to be intra vires and the Act is also included in the 9th Schedule and is protected by Art. 31-B of the Constitution.It will be an exercise in futility to ask the High Court to certify the cases when the appeals that will follow must necessarily and inevitably fail. It is better to save circuity of action and to dismiss the appeals before us. We order accordingly but make no order about costs.