RANGILDAS VARAJDAS KHANDWALA versus COLLECTOR OF SURAT AND OTHERS.

RANGILDAS VARAJDAS KHANDWALA versus COLLECTOR OF SURAT AND OTHERS.

The Bombay Personal Inams Abolition Act, 1952, is constitutionally valid under Article 31-A. Lands of inamdars used for non-agricultural purposes are not excepted from assessment by operation of section 7 but remain subject to full assessment under sections 4 and 5 of the Act and the provisions of the Bombay Land Revenue Code. Section 52 of the Code empowers the Collector to assess such land as non-agricultural when no actual assessment has been previously fixed under Chapter VIII-A.

Parties
Appellant: Rangildas Varajdas Khandwala; Respondents: Collector of Surat and Others
Jurisdiction
India
Judgment Date
03 October 1960
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated March 5, 1957, of the Bombay High Court in Special Civil Application No. 3255 of 1956
Outcome
Appeal dismissed with costs.
Legal Topics
Abolition of Personal Inams, Land Revenue Assessment, Validity of State Enactments
Constitutional Law Land Law Abolition of Personal Inams Land Revenue Assessment Validity of State Enactments

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Parties

Rangildas Varajdas Khandwala

Appellant

Collector of Surat and Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated March 5, 1957, of the Bombay High Court in Special Civil Application No. 3255 of 1956

Legal Issues

  1. 1 Whether the Bombay Personal Inams Abolition Act, 1952, is constitutionally valid and protected by Article 31-A of the Constitution of India.
  2. 2 Whether the terms of the Sanad granted to the inamdar prevent the application of the Act and the change in land revenue assessment.
  3. 3 Whether lands used for non-agricultural purposes by the inamdar are assessable under the relevant sections of the Bombay Land Revenue Code and the Act.

Ratio Decidendi

The Bombay Personal Inams Abolition Act, 1952, is constitutionally valid under Article 31-A. Lands of inamdars used for non-agricultural purposes are not excepted from assessment by operation of section 7 but remain subject to full assessment under sections 4 and 5 of the Act and the provisions of the Bombay Land Revenue Code. Section 52 of the Code empowers the Collector to assess such land as non-agricultural when no actual assessment has been previously fixed under Chapter VIII-A.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal is dismissed with costs.