Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic

ILC-2015-SC-CIVIL-Feb-8

Madhukar Sadbha Shivarkar Vs. State of Maharashtra

Head Note

Civil Law  - Land Ceilings

Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 - Section 14(4) and 21, 45(2) - Constitution of India, 1950 - Articles 14,19,21, 300A and 162 - Land ceilings - Surplus land - Executive order - To initiate administrative inquiry - To enquire into the land holding records with a view to find out as to whether original land revenue records have been destroyed and fabricated to substantiate their unjustifiable claim by playing fraud upon the Tehsildar and appellate authorities to obtain the orders unlawfully in their favour by showing that there is no surplus land with the Company and its share- holders - Plea on behalf of the appellants that the State Government has no power either under Section 45(2) or under Section 14 (4) of the Act to appoint an Enquiry Officer to enquire into the land holdings of the villages referred to therein held to be untenable contentions as the power exercised by the State Government to pass the orders impugned in the writ petitions is traceable to its executive power under Article 162 of the Constitution of India - Appeal liable to be dismissed.

Topic(s)-

Important Decision(s)- Executive order - To initiate administrative inquiry - To enquire into the land holding records with a view to find out as to whether original land revenue records have been destroyed and fabricated







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