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april 2003

Supreme Court of India · 2003-04-16

V. SWARAJYALAXMI vs AUTHORISED OFFICER,LAND REFORMS,A.P.&ORS

Citation / case number
SC 1998/12555
Court
Supreme Court of India
Petitioner
V. SWARAJYALAXMI
Respondent
AUTHORISED OFFICER,LAND REFORMS,A.P.&ORS
Author
K.G. BALAKRISHNAN
Bench
D.M. DHARMADHIKARI K.G. BALAKRISHNAN

Judgment text excerpt

The case concerns the conflict between the rights of a mortgagee bank and the state's power to seize surplus agricultural land under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The core issue is whether land declared as surplus under the Ceiling Act can be subjected to a court auction sale to recover mortgage debts. The court examines the priority of land reform legislation over prior mortgage agreements and the validity of the subsequent sale to third-party purchasers.

V. SWARAJYALAXMI vs AUTHORISED OFFICER,LAND REFORMS,A.P.&ORS · Niyam