Supreme Court of India · 1978-04-14
STATE OF GUJARAT AND ANR. vs MAHARAJ SHRI AMARSHINHJI HIMATSINHJI
- Citation / case number
- SC 1976/60863
- Court
- Supreme Court of India
- Petitioner
- STATE OF GUJARAT AND ANR.
- Respondent
- MAHARAJ SHRI AMARSHINHJI HIMATSINHJI
- Author
- V.D. TULZAPURKAR
- Bench
- V.D. TULZAPURKAR
Judgment text excerpt
The Supreme Court addressed the interpretation of the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953, specifically Sections 2(4)(i) and 10, regarding the proprietary rights of jagir holders. The Court upheld the High Court's ruling that the determination of the respondent's jagir as proprietary implicitly included rights to sub-soil minerals, thus rendering the Collector's enquiry under Section 37(2) of the Bombay Land Revenue Code incompetent. The Court affirmed the High Court's decision to quash the Collector's order, emphasizing the jurisdictional limits of the enquiry process.