Supreme Court of India · 2014-08-22
TOLYA ETC vs STATE OF M.P. & ANR. ETC.
- Citation / case number
- SC 2005/1084
- Court
- Supreme Court of India
- Petitioner
- TOLYA ETC
- Respondent
- STATE OF M.P. & ANR. ETC.
- Author
- M.Y. EQBAL
- Bench
- M.Y. EQBAL RANJAN GOGOI
Judgment text excerpt
The Supreme Court held that the M.P. Ceiling on Agricultural Land Holdings Act, 1960, specifically Section 35, does not provide for the cancellation of allotment of surplus land once it has been granted, even if the allotment was made to a person not entitled to it. The Court found that the High Court's decision to reverse the lower courts' judgments was based on a misinterpretation of the law, as no proceedings for cancellation had been initiated by the State or any Revenue officer. Consequently, the Supreme Court set aside the High Court's order and reinstated the decisions of the trial court and appellate court, affirming the appellants' rights to the land in question.