Judgement

MUDHOLKAR, J. : The respondent was a proprietor of mauza Bhivapur, Tehsil Umrer, District Nagpur. His proprietary interest in the village was abolished by the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (1 of 1951). By virtue of S. 4 of the Act all rights, titles and interests, among others, in all pathways, village sites, hats, bazars and melas in Bhivapur vested in the State of Madhya Pradesh for the purposes of the State free from all encumbrances under S. 4 (1)(a) of the Act. Under the provisions of the States Re-organisation Act, 1956 those rights vested in the State of Bombay and now by virtue of Bombay Re-organization Act. 1960 (11 of 1960) in the State of Maharashtra. The provisions of S. 4(1)(a) are as follows:

"All rights, title and interest vesting in the proprietor or any person having interest in such proprietary right through the proprietor in such area including land (cultivable or barren) grass-land, scrub jungle, forest, trees, fisheries, wells, tanks, ponds, waterchannels, ferries, pathways, village sites, hats, bazars and melas .... Shall cease and be vested in the State for purposes of the State free of all