BHUPENDRA SINGH versus STATE OF MAHARASHTRA AND ORS.
Land restored to Scheduled Tribe under the Restoration Act is not liable to be included in appellant's ceiling holding under the Ceiling Act, as such restoration is not a transfer under Section 8. The appellant’s holding must be determined excluding such land.
- Parties
- Appellant: Bhupendra Singh; Respondents: State of Maharashtra and Ors.
- Jurisdiction
- India
- Judgment Date
- 21 November 1995
- Procedural Posture
- Civil Appeal / Supreme Court Appeal From Bombay High Court Judgment and Order in W.p. No. 2390/79 and L.p.a. No. 100 of 1988
- Outcome
- Appeal partly allowed
- Legal Topics
- Ceiling on Land Holdings, Restoration of Land to Scheduled Tribes
Case Brief
Summary, issues, holding and outcome
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Parties
Bhupendra Singh
Appellant
State of Maharashtra and Ors.
Respondents
Procedural Posture
Civil Appeal / Supreme Court Appeal From Bombay High Court Judgment and Order in W.p. No. 2390/79 and L.p.a. No. 100 of 1988
Legal Issues
- 1 Whether land restored under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 should be included in appellant's ceiling holding under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961
Ratio Decidendi
Land restored to Scheduled Tribe under the Restoration Act is not liable to be included in appellant's ceiling holding under the Ceiling Act, as such restoration is not a transfer under Section 8. The appellant’s holding must be determined excluding such land.
Court Disposition
Appeal partly allowed
Orders
- Matter remanded to Surplus Land Determination Tribunal for fresh determination of appellant's ceiling holding in light of judgment
- No order as to costs
Full Case Text
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