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october 1955

Supreme Court of India · 1955-10-27

ANANDA BEHERA AND ANOTHER vs THE STATE OF ORISSA AND ANOTHER.

Citation / case number
SC 1955/143
Court
Supreme Court of India
Petitioner
ANANDA BEHERA AND ANOTHER
Respondent
THE STATE OF ORISSA AND ANOTHER.
Bench
DAS, SUDHI RANJAN,BOSE, VIVIAN,JAGANNADHADAS, B.,IMAM, SYED JAFFER,AIYAR, N. CHANDRASEKHARA

Judgment text excerpt

The Supreme Court held that the oral licenses obtained by the petitioners for fishing rights from the Raja of Parikud were not valid as they constituted a profit a prendre, which is immovable property under Section 54 of the Transfer of Property Act. The Court ruled that since the licenses were for future years and not executed in writing or registered, no title passed to the petitioners, thus they could not claim fundamental rights under Articles 19(1)(f) and 31(1) of the Constitution. The State's refusal to recognize the licenses did not amount to confiscation of property, and the petitioners had no enforceable rights against the State.

ANANDA BEHERA AND ANOTHER vs THE STATE OF ORISSA AND ANOTHER. · Niyam