LATAFAT ALI KHAN AND ORS. versus THE STATE OF U. P.

LATAFAT ALI KHAN AND ORS. versus THE STATE OF U. P.

Section 6(xvii) and rule 4(4) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 are valid as they are protected by Articles 31A and 31B of the Constitution, being part of land reform and included in the Ninth Schedule. Rules made under the Act, if within statutory powers, cannot be scrutinised under Articles 14, 19, and 31.

Parties
Petitioner: Latafat Ali Khan and Ors.; Respondent: The State of U.P.
Jurisdiction
India
Judgment Date
06 May 1971
Procedural Posture
Writ Petition / Final Judgment
Outcome
Petition dismissed
Legal Topics
Land Reform, Judicial Review, Fundamental Rights
Constitutional Law Land Law Land Reform Judicial Review Fundamental Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Latafat Ali Khan and Ors.

Petitioner

The State of U.P.

Respondent

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether s. 6(xvii) and rule 4(4) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 are protected by Articles 31A and 31B of the Constitution
  2. 2 Whether s. 6(xvii) and rule 4(4) violate Articles 14, 19(1)(f), 19(1)(g) and 31(1) of the Constitution

Ratio Decidendi

Section 6(xvii) and rule 4(4) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 are valid as they are protected by Articles 31A and 31B of the Constitution, being part of land reform and included in the Ninth Schedule. Rules made under the Act, if within statutory powers, cannot be scrutinised under Articles 14, 19, and 31.

Court Disposition

Petition dismissed

Orders

  • Section 6(xvii) and rule 4(4) are valid
  • No order as to costs