In fact, by Civil Misc. Petition No. I 081 of 1964 it has been brought to our notice by ~ appellant that it had made a compensation claim because lands granted to the appellant had been resumed by the State of Rajasthan by notification No. _F. (388) I REV I 1.A/53 dated Jan. I, 1959 and that an annual sum by way of annuity to the Deity had been sanctioned by the State of Rajasthan under its order dated April 24, 1962. This order has, however, directed that the amount of Rs. 15,404/14/6 which has been ordered by respondent No. 1 to be recovered by way of Matmi ,hould be deducted and that, it is urged before us by the appellant, cannot be done. This fact clearly shows that the appellant is justified in apprehending that , though the order of Matmi dues has been nominally passed against the present Shebait, it may be enforced against the properties belonging to the appellant Since we have held that the properties granted to the appellant constitute State grants under r. 4(1 ), but do not become liable to pay Matmi dues under r. 4(3), we must hold that the appellant's writ petition was justified inasmuch as it asked for an appropriate direction restraining the respondents and their nominees or agents from recovering the said amount from the appellant's estate. Therefore, prayer made by the appellant in paragraph 16(1) of its writ petition must be allowed. Since we are not concerned with the validity of the order passed by respondent No. I agaimt the present Sheba.it, we propose to express no opinion in regard to the merits of the prayer contained in paragraph 16(2) of the writ petition.
