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april 2003

Supreme Court of India · 2003-04-16

V Swarajyalaxmi & Ors vs Authorised Officer, Land Reforms, ...

Court
Supreme Court of India
Petitioner
V Swarajyalaxmi & Ors
Respondent
Authorised Officer, Land Reforms, ...
Author
K.G. Balakrishnan
Bench
K.G. Balakrishnan, D.M. Dharmadhikari

Judgment text excerpt

The case concerns the conflict between a secured creditor's rights over mortgaged property and the state's power to seize surplus land under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The central issue is whether land declared as surplus under the Ceiling Act can be sold in a court auction to satisfy a mortgage debt. The court examines the priority of the government's claim over surplus land versus the rights of a mortgagee bank and subsequent auction purchasers.

V Swarajyalaxmi & Ors vs Authorised Officer, Land Reforms, ... · Niyam