The judgment emphasizes the formal nature of the enquiry under Rule 7 and the quasi-judicial nature of the proceedings under Section 10, highlighting the need for a fair hearing and adherence to natural justice principles.

( 1 ) THE petitioner before us is one of the inamdars of the village Somedyapanahalli in the District of Bangalore, which vested in the Government under the provisions of the Mysore (Personal and miscellaneous ). Inams Abolition Act, 1955, in the year 1958. This Writ Petition is presented on behalf of the petitioner in his own right and an also as power of attorney holder of the other inamdars.

( 2 ) WE are asked to quash the order made by the Deputy Commissioner functioning under the act, made on February 14, 1963 directing the special Amildar, Magadi, to hold a "re-inquiry into the claims of the petitioner and his co-sharers for being registered as occupants under Section 9, and also into the rival claims of respondents 3 to 68. We are also asked to issue a mandamus to respondents 1 to 3 to complete the enquiry expeditiously on the basis of the first report submitted by the Special Tahsildar and to issue a mandamus to respondents 1 and 2 to collect the arrears of rent due to the petitioner and his co-sharers from respondents 3 to 68.

( 3 ) IT is seen from the material before us that there were claims by the inamdars for registration under Section 9 while there were rival claims by respondents 3 to 68 under Section 5 of the Act. At one stage, the special Tahsildar, in the exercise of his power under Rule 7 of the Mysore (Personal and Miscellaneous) Inams Abolition Rules 1956, conducted an enquiry under Sub-rule (6) of that Rule and forwarded his report under that sub-rule to the Deputy Commissioner.

( 4 ) THE complaint made by the petitioner is that after the receipt of that report from the special tahsildar the Deputy Commissioner directed a further enquiry to be made by the Special tahsildar and that that order was made by him without hearing the inamdars or any one. The further complaint made is that on receipt of that requisition, the Special Tahsildar collected further information which the Deputy Commissioner required, without making any enquiry such as what is enjoined by Rule 7, Sub-rule (6) and without hearing the inamdars or giving intimation about it to them, and forwarded that information to the Deputy Commissioner. So it is that we are asked to quash what is called the order made by the Deputy Commissioner on february 14, 1963, directing the Special Tahsildar to make what is described as a 're-enquiry'.

( 5 ) MR. Kulkarni, the learned Government Pleader, has placed before us the communication addressed by the Deputy Commissioner to the Special Tahsildar, and it is seen that that communication is a memo which required the Special Tahsildar to make a report on the matters to which that memo refers, and, that memo makes it clear that the Deputy Commissioner did not direct the Special Tahsildar to make any re-enquiry or further enquiry, but merely wanted him to gather some information and make it available to the Deputy Commissioner, presumably for the determination which he has to make under Section 10.

( 6 ) SECTION 10 requires the Deputy Commissioner to examine the nature and history of all lands in respect of which there are claims for registration of occupancy rights or in respect of lands which the inamdars assert have vested in them. Rule 7 creates the machinery which assists that determination. That Rule provides for the presentation of an application by the person who wishes to register himself as an occupant to the concerned Amildar. The Rule also specifies the particulars to be mentioned in that application and which are enumerated in Sub-rule (4), and sub-rule (5) enjoins the issue of a notice to the persons concerned intimating the date on which the enquiry would be held in respect of the application. Sub-rule (6) makes it the duty of the amildar to bold the enquiry and to make a report to the Deputy Commissioner on the basis of that enquiry. Sub-rule (7) makes it the duty of the Deputy Commissioner to examine the nature and history of the lands which he is required to do by Section 10, on receipt o

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