1. The State has filed this writ petition praying for issue of an appropriate writ, order or direction calling for the records and proceedings in Petition No. 227/1966 and Case No. 2940 of 1965 on the file of the then Mysore Revenue Appellate Tribunal, Bangalore, (to be hereinafter referred to as the Tribunal), and quashing the order dated 8-11-1967 passed thereon by the Tribunal.

2. This matter arises out of the provisions of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (to be hereinafter referred to as the Jagirs Abolition Act) under which the appointed date was 1-8-1954.

3. The necessary facts are that respondent - 1 was a jagirdar under the Jagirs Abolition Act. The jagir village held by him was a 'proprietary jagir village' under the Jagirs Abolition Act. The lands in question are grazing lands where grass is naturally grown, and situated in this village. They were, on the appointed date, in actual possession of respondent - 1 as provided in S.5(1)(b) of the Jagirs Abolition Act. Respondent - 1's name came to be entered as an 'occupant' under the Jagirs Abolition Act, in the record of rights. Certain objections were raised by certain members of the public in regard to these entries, and demands were made to the concerned authorities in the Revenue Department for sanction of certain areas in the lands in question to people belonging to backward classes as sites for construction of houses. An enquiry under S.37 of the Bombay Land Revenue Code (to be hereinafter referred to as the Code) was held. All the Revenue authorities, including the Divisional Commissioner, Belgaum, concerned with the enquiry, held that the lands in question vested in the Government under S.8 of the Jagirs Abolition Act and respondent - 1 was not entitled to occupancy rights and, therefore, could not be recognised as occupant. Respondent - 1 instituted proceedings before the Tribunal and the Tribunal decided in favour of respondent - 1. This is the order that is challenged in this writ petition.

4. The records make it clear that the following facts are found either undisputed or established.
(1) The village in question is a proprietary jagir village.
(2) the lands in question are grazing lands where grass grows naturally and
(3) the said lands were, on the appointed date, in actual possession of respondent - 1 and respondent - 1 was securing some income from these lands by sale of the naturally grown grass etc.

5. The questions that have arisen for determination are : (1) whether in view of S.5(1)(b) of the Jagirs Abolition Act, respondent - 1 is entitled to occupancy rights, or (2) whether in view of S.8 of the Jagirs Abolition Act the lands vest in the Government.

6. S.5(1)(b) of the Jagirs Abolition Acts reads as follows : -
(5)(1) In a proprietary jagir village, -
 xxxx xxxx xxxx
(b) in the case of lands other than Gharkhed land, which is in the actual possession of the jagirdar or in the possession of a person other than a permanent holder holding through or from the jagirdar, such jagirdar,
............... shall be entitled to all the rights and shall be liable to all the obligations in respect of such land as an occupant under the Code or any other law for the time being in force :"
On reading the above provisions independently of the other provisions in the Jagirs Abolition Act, it appears that respondent - 1 would be entitled to be recognised as an occupant, in regard to the lands in question, under the Code.

7. S.8 of the Jagirs Abolition Act. reads as follows : -
"All public roads, lanes and paths, the bridges, ditches, dikes and fences, on or beside the same, the bed of the sea and of harbours, creeks below high water mark, and of rivers, streams, nalas, lakes, wells and tanks and all canals and water courses, and all standing and flowing water, all unbuilt village site lands, all waste lands and all uncultivated lands (excluding lands used for building or other non - agricultural purposes) which are situate within the li