AIR 1966 SUPREME COURT 1637 ::1966 JabLJ 874 ::1966 MPLJ 756 ::1966 2 SCR 40

Supreme Court Of India

Hon'ble Judge(s): P. B. Gajendragadkar, K. N. Wanchoo, M. Hidayatullah, J. C. Shah, S. M. Sikri , JJJ

Madhya Pradesh Tendu Patta (Vyapar Viniyaman) Niyamavali (1965) , S.5 Expln.1— Effect - Right to property - Contract to collect tendu leaves is not a right to property - Right under contracts existing prior to enactment of Adhiniyam are abrogated by the Adhiniyam. Constitution of India , Art.19(1)(f), Art.32— Civil P.C. (5 of 1908) , S.11— Petitioner a manufacturer in Bidis had acquired a right to pluck and carry away tendu leaves in certain area for a certain period. In 1950 the Madhya Pradesh Abolition and Proprietary Rights (Estates, Mahals and Alienated Lands) Act, 1 of 1951, came into force. The State having obstructed the right of petitioner as also other contract-holders for tendu leaves, the petitioner as also other contract-holders moved the Supreme Court which held (in Chhotabhai Jethabhai v. State of M. P., AIR 1953 SC 108), that the contracts of tendu leaves were in essence and effect licences to the transferees to cut and carry the tendu leaves and that there was nothing in the Abolition Act to affect their validity. Subsequently the Madhya Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam was passed creating a monopoly in favour of Government. The Act conferred power on the State to, interalia, divide the specified areas into units for the purpose of purchasing the tendu leaves at the prices fixed by its own officers. The petition....