ARCHNA vs DEPUTY DIRECTOR OF CONSOLIDATION, AMROHA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(All) 299

RAM SURAT RAM (MAURYA)
ARCHNA – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, AMROHA – Respondent

Advocates:
Counsel :
Archna, Gyan Shankar Ojha and Manoj Srivastava for the Petitioner; C.S.C., Mithilesh Kumar Mishra, Nitya Prakash Tiwari and A.S.G.I. for the Respondents.

Judgement Key Points

Key Points: - (!) Authority questions re: State Legislature and Parliament to make law about rights in or over land and land tenure. - (!) Overlapping/concurrent List considerations and applicability of laws (List II vs List III). - (!) Question of whether Hindu Succession (Amendment) Act, 2005 is enacted under Article 253 and has overriding effect. - (!) Conclusion that words "right in or over the land and land tenure" include right of inheritance; State Legislature has jurisdiction over land rights; HS Act 2005 may have overriding effect in certain contexts per Article 254, but the document analyzes its applicability to agricultural land.

What is the authority of the State Legislature and Parliament to make laws relating to rights in or over land and land tenure?

What law prevails where there is overlapping or repugnancy between State List and Concurrent List in the context of land rights and succession, including the applicability of Hindu Succession Act, 1956 to agricultural land?

Whether Hindu Succession (Amendment) Act, 2005 has overriding effect under Article 253 of the Constitution in applying to agricultural land and coparcenary rights?

JUDGMENT

Hon’ble Ram Surat Ram (Maurya), J.—Heard Sri Gyan Shankar Ojha, for the petitioner and Sri Ganga Prasad Yadav, Additional Chief Standing Counsel, for respondents-1 to 3 and Sri Nitya Prakash Tiwari, for respondent-7 and Sri Ashok Mehta, Senior Advocate, Additional Solicitor General of India, assisted by Sri Harish Kumar Yadav, Standing Counsel for Union of India, for respondent-8.

2. The writ petition has been filed against the orders of Consolidation Officer dated 1.4.2013, Settlement Officer Consolation dated 14.3.2014 and Deputy Director of Consolidation dated 9.6.2014, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act) and for direction to the consolidation authorities to effect the partition of the share of the petitioner in the land in dispute as well as declaring the sale-deed dated 14.11.2005, executed by Uttam Singh (respondent-4) in favour of Veer Singh (respondent-7), as void.

3. The dispute relates to basic consolidation year khatas 51, 100, 132, 175 and 300 of village Tarauli and khata 192 of village Nawabpura, pargana Hasanpur, district Amroha. These khatas consisted plots 2 (area 0.413 hectare), 24 (

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2015 Supreme(All) 299

RAM SURAT RAM (MAURYA)ARCHNA – AppellantVersusDEPUTY DIRECTOR OF CONSOLIDATION, AMROHA – Respondent

What is the authority of the State Legislature and Parliament to make laws relating to rights in or over land and land tenure?

What law prevails where there is overlapping or repugnancy between State List and Concurrent List in the context of land rights and succession, including the applicability of Hindu Succession Act, 1956 to agricultural land?

Whether Hindu Succession (Amendment) Act, 2005 has overriding effect under Article 253 of the Constitution in applying to agricultural land and coparcenary rights?

Cases Referred (17)

RAM SURAT RAM (MAURYA)
ARCHNA – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, AMROHA – Respondent