C.A.VAIDIALINGAM, K.S.HEGDE, J.C.SHAH, A.N.RAY, J.M.SHELAT
Narayanibai – Appellant
Versus
State Of Maharashtra – Respondent
J.C. SHAH, J.
(1) NARAYANIBAI is the holder of 142 acres and 8 gunthas of dry crop land in village Teosa, District Amravati in the State of Maharashtra. Bynotice, dated 12/03/1968, under Section 17(1) of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act 27 of 1961, the Sub-Divisional Officer, Chanduri, called upon Narayanibai to show cause why land held by her in excess of the "ceiling area" shall not be deemed surplus land and shall not vest in the State. Narayanibai filed a petition in this court claiming a declaration that Maharashtra Act 27 of 1961, is ultra vires the State Legislature in that it violated the fundamental rights guaranteed under Articles 14, 19(l)(f) and (g) and 31 in Part III of the Constitution, and for an order restraining the State of Maharashtra and the Sub-Divisional Officer, Chanduri, from dispossessing the petitioner from the land in question or any part thereof.
(2) MAHARASHTRA Act 27 of 1961 is by the Constitution (Seventeenth Amendment) Act, 1964, incorporated in the Ninth Schedule to the Constitution. Article 31-B of the Constitution enacts that the Acts and Regulations in the Ninth Schedule and the provisions thereof shall n
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