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1982 Supreme(SC) 15

SUPREME COURT OF INDIA
V.D. TULZAPURKAR AND AMARENDRA NATH SEN, JJ.
Patel Ambalal Gokalbhai, Appellant
Versus
State of Gujarat and others, Respondents.
Civil Appeal No.1869 of 1970
Decided on 13-1-1982.

Headnote:

Agricultural Lands Act, 1948 - Articles 14, 19 and 31 - Writ petitions - Agrarian reform - In writ petitions that were filed in High Court both Amending Acts namely Act No - 16 of 1960 and Act No - 36 of 1965 whereby Tenancy and Agricultural Lands Act 1948 (Act No - 67 of 1948) was amended were challenged and validity thereof was challenged on ground that provisions thereof offended Articles 14 19 and 31 - challenge has been negatived by High Court - In so far as Act No - 16 of 1960 is concerned challengel has been negatived on ground that it has been included in Ninth Schedule - of Constitution and so far as Act No - 36 of 1965 is concerned challenge has been negatived on ground that it formed a chain in agrarian reform and as such it was protected by Art - 31A (1) (a) and that same was clarificatory in nature - Held C Courtt are satisfied with reasons which have been given by High Court upholding validity of both Acts and find no ground for interference - It is unnecessary to dilate on reasons given by High Court over again - Appeal dismissed

JUDGMENT

JUDGMENT:— In the writ petitions that were filed in the High Court both the Gujarat Amending Acts, namely Gujarat Act No. 16 of 1960 and Gujarat Act No. 36 of 1965, whereby the Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act No. 67 of 1948) was amended, were challenged and the validity thereof was challenged on the ground that the provisions thereof offended Articles 14, 19 and 31. The challenge has been negatived by the Gujarat High Court. In so far as Act No. 16 of 1960 is concerned the challengel has been negatived on the ground that it has been included in the Ninth Schedule. of the Constitution and so far as Act No. 36 of 1965 is concerned the challenge has been negatived on the ground that it formed a chain in the agrarian reform and as such it was protected by Art. 31A (1) (a) and that the same was clarificatory in nature. We are satisfied with the reasons which have been given by the High Court upholding the validity of both the Acts and find no ground for interference. It is unnecessary to dilate on the reasons given by the High Court over again. The appeal is therefore dismissed with no order as to costs.

Appeal dismissed.

For Citation : AIR 1982 SC 1090

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