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Boddupalli Jagannadham v. Secretary Of State For India In Council

Madras High Court
Mar 18, 1903

JUDGMENT

The land in question is land which was lakhiraj or land exempt from the payment of public revenue at the time of the permanent settlement. Section 4 of Regulation-25 of 1802 declares that the Government at the permanent settlement has “reserved to itself the entire exercise of its discretion in continuing or abolishing” the exemption of such lands from liability to pay assessment to Government, and the permanent settlement of the land revenue was made excluding the said land. It was therefore fully competent to Government to impose a public assessment on the land, and this is all that is meant when it is said in this case that the inam land was resumed.

We concur with the decision of this Court in the case of Collector of Chingleput v. Kosalram Naidu quoted by the Subordinate Judge, and hold that there is no period of limitation prescribed by any law within which alone the Government should exercise its prerogative of imposing assessment on land liable to be assessed to the public revenue.

The second appeal fails and is dismissed with costs.