AIR 1963 MYSORE 232

Mysore High Court

Hon'ble Judge(s): A. R. Somanatha Iyer, Mir Iqbal Husain , JJ

(A) Mysore (Personal and Miscellaneous) Inams Abolition Act (1 of 1955) , S.10— Application made u/S.9 - Disposal of such application by Deputy Commissioner u/S.10 - Such disposal presupposes a formal enquiry to be held as contemplated by R.7 of the Mysore (Personal and Miscellaneous) Inams Abolition Rules (1956). Where on the vesting in the Government of their lands situate in an inam village, the Inamdars file an application under S. 9 of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954, for an order that they should be registered as the occupants of those lands, the Deputy Commissioner, to whom the application is made, has to take action as provided in S. 10 of the Act. Although S. 10 does not enjoin a formal enquiry by the Deputy Commissioner, still the examination of the history and nature of the land which the Deputy Commissioner is required to make under the provisions of that section involves the holding of a formal enquiry by some one as can be seen from the provisions of R. 7 of the Mysore (Personal and Miscellaneous) Inams Abolition Rules, 1956 which provides for the holding of that enquiry, and, by S. 32 of the Act which says that every enquiry which is required to be held under the Act shall be a formal enquiry conducted in manner specified in S. 201 of the Mysore Land Revenue Code. Rule 7 is a rule properly made under S. 38 (1)....