STATE OF MYSORE & ANR. versus M. M. THAMMAIAH & ANR.

STATE OF MYSORE & ANR. versus M. M. THAMMAIAH & ANR.

Rule 10 of the Rules for Classifiers does not constitute an express order reserving the right of the State Government to the trees growing on Bane lands within the meaning of section 75(1) of the Mysore Land Revenue Act, 1964; it is merely administrative guidance for classifiers and at best references a historical fact, not an explicit reservation of rights.

Parties
Appellant: State of Mysore; Appellant: Divisional Forest Officer, South Coorg Division, Hunsur, Mysore; Respondent: M. M. Thammaiah; Respondent: B. M. Karyappa; Intervener: G. B. Pai
Jurisdiction
India
Judgment Date
02 May 1974
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision Under Article 133(1)(b) of the Constitution
Outcome
Appeal allowed
Legal Topics
Interpretation of Statutory Rules, Rights to Forest Produce on Bane Lands, Validity of Rules Under Mysore Forest Act, Reservation of Rights by Government
Constitutional Law Administrative Law Property Law Forest Law Interpretation of Statutory Rules Rights to Forest Produce on Bane Lands Validity of Rules Under Mysore Forest Act Reservation of Rights by Government

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Parties

State of Mysore

Appellant

Divisional Forest Officer, South Coorg Division, Hunsur, Mysore

Appellant

M. M. Thammaiah

Respondent

B. M. Karyappa

Respondent

G. B. Pai

Intervener

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision Under Article 133(1)(b) of the Constitution

Legal Issues

  1. 1 Whether Rule 10 of the Rules for Classifiers contains an express order reserving the right of the State Government to trees on Bane lands within Section 75(1) of Mysore Land Revenue Act, 1964
  2. 2 Whether Rule 137 of the Mysore Forest Rules, 1969, is inconsistent with Section 75(1) of Mysore Land Revenue Act, 1964 and violates Articles 19(1)(f) and 31 of the Constitution

Ratio Decidendi

Rule 10 of the Rules for Classifiers does not constitute an express order reserving the right of the State Government to the trees growing on Bane lands within the meaning of section 75(1) of the Mysore Land Revenue Act, 1964; it is merely administrative guidance for classifiers and at best references a historical fact, not an explicit reservation of rights.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court on the construction of Rule 10 set aside.
  • Parties remitted to such further remedies as they may be advised to take.