B. SHANKARA RAO BADAMI & ORS. versus STATE OF MYSORE & ANR.

B. SHANKARA RAO BADAMI & ORS. versus STATE OF MYSORE & ANR.

The Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954, as agrarian reform legislation, is protected by Article 31A from challenge based on Article 31(2). The compensation provision in the Act and the competence of the Mysore Legislature are constitutionally valid. Implied requirements for public purpose and compensation do not arise from the legislative entries when expressly provided in Article 31(2).

Parties
Petitioners: S, Shankara Rao Badami & Ors.; Respondents: State of Mysore & Anr.
Jurisdiction
India
Judgment Date
04 December 1968
Procedural Posture
Writ Petitions Under Article 32 / Final Judgment From Supreme Court
Outcome
Writ petitions dismissed with costs.
Legal Topics
Abolition of Inams, Legislative Competence Under Seventh Schedule, Compensation for Acquisition, Agrarian Reform
Constitutional Law Property Law Abolition of Inams Legislative Competence Under Seventh Schedule Compensation for Acquisition Agrarian Reform

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Parties

S, Shankara Rao Badami & Ors.

Petitioners

State of Mysore & Anr.

Respondents

Procedural Posture

Writ Petitions Under Article 32 / Final Judgment From Supreme Court

Legal Issues

  1. 1 Whether the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 is constitutionally valid
  2. 2 Whether the Act provides for adequate compensation as required under Article 31(2)
  3. 3 Whether the Mysore Legislature was competent to enact the law under corresponding entries of Lists II & III of the Seventh Schedule

Ratio Decidendi

The Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954, as agrarian reform legislation, is protected by Article 31A from challenge based on Article 31(2). The compensation provision in the Act and the competence of the Mysore Legislature are constitutionally valid. Implied requirements for public purpose and compensation do not arise from the legislative entries when expressly provided in Article 31(2).

Court Disposition

Writ petitions dismissed with costs.

Orders

  • Petitions dismissed; one set of hearing fee awarded.