ANANDA BEHERA AND ANOTHER versus THE STATE OF ORISSA AND ANOTHER

ANANDA BEHERA AND ANOTHER versus THE STATE OF ORISSA AND ANOTHER

Fishery rights acquired by oral license constitute a profit a prendre, which is immovable property; sales above Rs 100 not executed by written and registered instrument do not transfer title or interest. The State's refusal to recognize such interests does not infringe fundamental rights as there is no confiscation or acquisition by the State.

Parties
Petitioner: Ananda Behera and another; Respondent: The State of Orissa and another
Jurisdiction
India
Judgment Date
27 October 1955
Procedural Posture
Original Petition / Final Judgment
Outcome
petition dismissed
Legal Topics
Fundamental Rights, Profit a Prendre, Transfer of Property, Registration of Immovable Property, Estate Abolition
Constitutional Law Property Law Fundamental Rights Profit a Prendre Transfer of Property Registration of Immovable Property Estate Abolition

Case Brief

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Parties

Ananda Behera and another

Petitioner

The State of Orissa and another

Respondent

Procedural Posture

Original Petition / Final Judgment

Legal Issues

  1. 1 Whether oral sale of fishery rights prior to estate vesting creates enforceable property/fundamental rights under the Constitution.
  2. 2 Whether rights acquired are in respect of movable or immovable property and require registration.
  3. 3 Whether non-recognition by the State transgresses Articles 19(1)(f) and 31(1) of the Constitution.

Ratio Decidendi

Fishery rights acquired by oral license constitute a profit a prendre, which is immovable property; sales above Rs 100 not executed by written and registered instrument do not transfer title or interest. The State's refusal to recognize such interests does not infringe fundamental rights as there is no confiscation or acquisition by the State.

Court Disposition

petition dismissed

Orders

  • Petition dismissed with costs.