STATE OF ASSAM Vs. BHASKAR JYOTI SARMA
LAWS(SC)-2014-11-54
SUPREME COURT OF INDIA
Decided on November 27,2014

STATE OF ASSAM Appellant
VERSUS
Bhaskar Jyoti Sarma Respondents


Referred Judgements :-

STATE OF UTTAR PRADESH V. HARI RAM [REFERRED TO]
STATE OF GUJARAT AND ANR. VS. GYANABA DILAVARSINH JADEGA [REFERRED TO]



Cited Judgements :-

A. G. RAVINDRANATH REDDY VS. STATE OF TELANGANA [LAWS(TLNG)-2021-2-73] [REFERRED TO]
STATE OF M.P. VS. GHISILAL [LAWS(SC)-2021-11-45] [REFERRED TO]
MANGE RAM & ANR GPA HOLDER VS. UNION OF INDIA & ORS [LAWS(DLH)-2018-10-227] [REFERRED TO]
DINESHKUMAR JAGUBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2021-3-7] [REFERRED TO]
RAVHJIBHAI CHHOTABHAI PATEL VS. COMPETENT OFFICER & DY COLLECTOR [LAWS(GJH)-2021-3-228] [REFERRED TO]
BAVABHAI TAPUBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2021-6-78] [REFERRED TO]
GAYUR VS. STATE OF U.P. [LAWS(ALL)-2019-8-214] [REFERRED TO]
PAL SINGH VS. STATE OF U.P. [LAWS(ALL)-2019-11-103] [REFERRED TO]
STATE OF GUJARAT VS. HEIRS OF KUNTABEN WD/O NANDKRISHNA RADHAKRISHNA [LAWS(GJH)-2016-12-111] [REFERRED TO]
GAWADU SIDDAPPA PATIL SINCE DECEASED VS. STATE OF KARNATAKA [LAWS(KAR)-2019-7-344] [REFERRED TO]
CALICO INDUSTRIAL EQUIPMENT PVT. LTD. VS. STATE OF GUJARAT [LAWS(GJH)-2022-7-24] [REFERRED TO]
PRINCIPAL COMMISSIONER VS. B.BOOSHANAM [LAWS(MAD)-2020-1-563] [REFERRED TO]
CHIEF COMMISSIONER OF LAND VS. MANU BHAI SHANKAR BHAI PATEL [LAWS(TLNG)-2024-1-54] [REFERRED TO]
STATE OF U.P. VS. EHSAN [LAWS(SC)-2023-10-36] [REFERRED TO]
STATE OF MADHYA PRADESH VS. PRADEEP KUMAR THAPADIYA [LAWS(MPH)-2020-3-341] [REFERRED TO]
SAMEER KUMAR SHARMA VS. GOVERNMENT OF TAMIL NADU; SPECIAL COMMISSIONER AND COMMISSIONER OF LAND REFORMS; ASSISTANT COMMISSIONER; ROTARY CLUB OF MADRAS [LAWS(MAD)-2015-9-362] [REFERRED]
MANILAL DAMODAR JOSHI SINCE DECD THRO LEGAL HEIRS VS. STATE OF GUJARAT & 2 [LAWS(GJH)-2018-5-11] [REFERRED TO]
ARVINDBHAI MANIBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2017-3-595] [REFERRED TO]
STATE OF GUJARAT VS. OFFICIAL LIQUIDATOR OF VIJAY MILLS CO. LTD. [LAWS(GJH)-2017-12-259] [REFERRED TO]
BALDEVBHAI SHIVABHAI PATEL SINCE DECD.THRO HIS HEIRS VS. STATE OF GUJARAT [LAWS(GJH)-2016-8-28] [REFERRED TO]
STATE OF GUJARAT VS. NATVERLAL MAHJIBHAI PATEL [LAWS(GJH)-2016-9-234] [REFERRED TO]
NATWARBHAI J PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2016-9-249] [REFERRED TO]
RAZIA KHATOON & ANR VS. THE STATE OF WEST BENGAL & ORS [LAWS(CAL)-2016-7-25] [REFERRED TO]
SANT LAL VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2017-12-341] [REFERRED TO]
BABU AND 4 OTHERS VS. STATE OF U.P. AND ANR. [LAWS(ALL)-2016-12-135] [REFERRED TO]
CHANDRALAL BULCHAND AMBAVANI VS. STATE OF GUJARAT [LAWS(GJH)-2021-2-355] [REFERRED TO]
BOMBAY WIRE ROPES LIMITED VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-2-59] [REFERRED TO]
MOHD ISLAM AND 3 ORS VS. STATE OF U P AND 2 ORS [LAWS(ALL)-2017-12-326] [REFERRED TO]
RAISUDDIN & 2 OTHERS VS. STATE OF U P & 3 OTHERS [LAWS(ALL)-2017-12-164] [REFERRED TO]
SHAHZAD AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2019-4-279] [REFERRED TO]
HASAN JAHAN VS. STATE OF U P & 3 OTHERS [LAWS(ALL)-2018-1-658] [REFERRED TO]
BAL KISHOR BHATNAGAR VS. STATE OF U P THRU COLLECTOR AND OTHERS [LAWS(ALL)-2018-9-102] [REFERRED TO]
GIRISH RATILAL (HALANI) THAKKAR VS. STATE OF GUJARAT [LAWS(GJH)-2023-1-27] [REFERRED TO]
HABIB MUSTAFA (SINCE DEAD) AND ORS VS. STATE OF M P AND OTHERS [LAWS(MPH)-2016-8-156] [REFERRED]
URVASHIBEN KANUBHAI SHAH & 2 VS. STATE OF GUJARAT & 2 [LAWS(GJH)-2016-8-198] [REFERRED]
GORDHANBHAI MOTIBHAI PATEL VS. COMPETENT AUTHORITY & DY COLLECTOR [LAWS(GJH)-2016-7-141] [REFERRED TO]
K. ROHIA BEEVI AND ORS. VS. THE PRINCIPAL COMMISSIONER AND COMMISSIONER OF LAND REFORMS, CHEPAUK AND ORS. [LAWS(MAD)-2019-12-620] [REFERRED TO]
BHAGWAN DASS VS. UNION OF INDIA [LAWS(UTN)-2019-5-198] [REFERRED TO]
KAPILABEN AMBALAL PATEL VS. STATE OF GUJARAT [LAWS(SC)-2020-5-32] [REFERRED TO]
THILIXU VILLAGE VS. STATE OF NAGALAND [LAWS(GAU)-2018-2-93] [REFERRED TO]
RAM NARAYAN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-2-34] [REFERRED TO]
PARVATIBAI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-4-233] [REFERRED TO]
RAM SINGH VS. STATE OF U.P. [LAWS(ALL)-2019-8-217] [REFERRED TO]
PATEL MAHENDRABHAI BHAILALBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2017-6-234] [REFERRED TO]
LALJI VS. STATE OF U P & 2 OTHERS [LAWS(ALL)-2018-1-583] [REFERRED TO]
STATE OF U P THRU SECY AVAS AVAM SHAHARI NIYOJAN VS. RUKNUDDIN AND OTHERS [LAWS(ALL)-2018-10-7] [REFERRED TO]
JANGI LAL AND ORS. VS. STATE OF U.P. THRU. SECR. DEPT. OF URBAN LAND CEILING AND ORS. [LAWS(ALL)-2018-5-773] [REFERRED TO]
MIRZA AMEER ULLAH BEG AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-11-122] [REFERRED TO]
DILAVARSINH KHODUBHA VS. STATE OF GUJARAT [LAWS(GJH)-2015-5-37] [REFERRED TO]
KAILASH PRASAD TEWARI VS. STATE OF U.P. [LAWS(ALL)-2023-2-19] [REFERRED TO]
STATE OF U.P. VS. BALBIR SINGH AND ORS. [LAWS(ALL)-2015-9-242] [REFERRED TO]
NANAKU LAL YADAV VS. STATE OF U P AND 3 OTHERS [LAWS(ALL)-2018-3-233] [REFERRED TO]
SRI RAJENDRA AGARWAL AND OTHERS VS. THE STATE OF TELANGANA, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, HYDERABAD AND OTHERS. [LAWS(APH)-2016-10-39] [REFERRED TO]
N. LINGA RAO AND OTHERS VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2017-3-46] [REFERRED TO]
DINESHKUMAR JAGUBHAI PATEL VS. STATE OF GUJARAT & ORS. [LAWS(GJH)-2017-1-39] [REFERRED TO]
GOVERNMENT OF TAMIL NADU AND ORS. VS. G.I. BASKARAN AND ORS. [LAWS(MAD)-2019-10-468] [REFERRED TO]
RAM PRASAD PATEL VS. STATE OF M.P. [LAWS(MPH)-2022-1-68] [REFERRED TO]
STATE OF ODISHA VS. MAMATA MANJARI MOHANTY [LAWS(ORI)-2024-5-19] [REFERRED TO]
TAHSILDAR VS. A.P. ELECTRICAL EQUIPMENT CORPORATION [LAWS(TLNG)-2023-2-147] [REFERRED TO]
G.JANAKIRAMAN VS. PRINCIPAL COMMISSIONER AND SECRETARY OF LAND REFORMS [LAWS(MAD)-2021-10-197] [REFERRED TO]
RAVJIBHAI PRABHUDAS PATEL SINCE DECD THRHEIRS VS. ADDITIONAL COLLECTOR AND COMPETENT AUTHORITY U L C [LAWS(GJH)-2021-7-152] [REFERRED TO]
MAAN SINGH VS. STATE OF M.P. [LAWS(MPH)-2023-4-115] [REFERRED TO]
SHIV RAM SINGH VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-7-167] [REFERRED TO]
VEER NAGAR SAHAKARI AWAS SAMITI LTD. AGRA VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2016-4-239] [REFERRED]
MADHUBINDU JAYSHANKER VYAS VS. STATE OF GUJARAT AND ANOTHER [LAWS(GJH)-2017-8-113] [REFERRED TO]
CHANDLULA P. PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2017-8-234] [REFERRED TO]
NAV SARJAN INDUSTRIAL CO-OP. HOUSING SOCIETY LTD. VS. SECRETARY, URBAN LAND CEILING TRIBUNAL, [LAWS(GJH)-2016-12-76] [REFERRED TO]
ADI DARA PATEL VS. MR. S. R. JONDHALE FORMER ADDITIONAL COLLECTOR [LAWS(BOM)-2016-4-52] [REFERRED TO]
HEIRS OF DEC JETHABHAI ISHWARBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2021-1-159] [REFERRED TO]
RASHMI HEMANT BHAVE AND ORS. VS. STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-11-40] [REFERRED TO]
MANOJ PATEL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2023-1-60] [REFERRED TO]
GOPI RAM VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-10-29] [REFERRED TO]
SREE RAMALAYAM COMMITTEE VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2021-9-72] [REFERRED TO]
STATE OF UTTAR PRADESH VS. AMIN UDDIN [LAWS(ALL)-2018-10-265] [REFERRED TO]
STATE OF TAMIL NADU VS. RANE BRAKE LININGS LIMITED [LAWS(MAD)-2020-3-142] [REFERRED TO]
LAHUN PYRTUH VS. STATE OF MEGHALAYA [LAWS(MEGH)-2019-7-2] [REFERRED TO]
G. SIVA SANKAR REDDY VS. STATE OF TELANGANA [LAWS(TLNG)-2023-10-48] [REFERRED TO]
SHIVSHANKAR SHIVRAM SINGH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-5-88] [REFERRED TO]
ADI DARA PATEL VS. S. R. JONDHALE [LAWS(BOM)-2016-4-114] [REFERRED TO]
DALWADI MULJIBHAI MATHURBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2021-2-134] [REFERRED TO]
SHANKARBHAI SOMABHAI PARMAR SINCE DECEASED VS. STATE OF GUJARAT [LAWS(GJH)-2021-3-230] [REFERRED TO]
GANESH INDUSTRIAL ESTATE VS. ADDL DY COLLECTOR & COMPETANT [LAWS(GJH)-2021-4-285] [REFERRED TO]
INDORE DEVELOPMENT AUTHORITY VS. MANOHARLAL ETC. [LAWS(SC)-2020-3-83] [REFERRED TO]
SAI PUSHP ENTERPRISES VS. THANE MUNICIPAL CORPORATION [LAWS(BOM)-2022-5-76] [REFERRED TO]
RAJESH KUMAR TEKRIWAL VS. STATE OF HIMACHAL PRADESH & ORS [LAWS(HPH)-2017-10-60] [REFERRED TO]
BAL GOVIND JYOTASHI VS. STATE OF M P AND OTHERS [LAWS(MPH)-2018-12-34] [REFERRED TO]
BILATUN NISHA VS. STATE OF U P AND 2 OTHERS [LAWS(ALL)-2017-12-327] [REFERRED TO]
BASANTU @ BAKHEDU VS. STATE OF U P & 3 OTHERS [LAWS(ALL)-2018-1-204] [REFERRED TO]
SUHAS L Y , DISTRICT MAGISTRATE VS. TAULAN SINGH @ VIJAY BAHADUR SINGH [LAWS(ALL)-2018-9-72] [REFERRED TO]
LAL SINGH VS. COMPETENT AUTHORITY URBAN LAND CEILING AND REGULATION [LAWS(ALL)-2023-1-69] [REFERRED TO]
ANEES KHAN VS. STATE OF U.P. [LAWS(ALL)-2023-2-94] [REFERRED TO]
MOHAMMAD SUAIF VS. STATE OF U. P. [LAWS(ALL)-2019-5-309] [REFERRED TO]
MOHAMMAD SUAIF VS. STATE OF U. P. [LAWS(ALL)-2019-5-309] [REFERRED TO]
SHANKARBHAI SOMABHAI PARMAR SINCE DECEASED VS. STATE OF GUJARAT [LAWS(GJH)-2016-11-71] [REFERRED TO]
LILAVANTI JAYANTILAL PAREKH - DECD THRO HEIRS VS. COMPETENT AUTHORITY AND ADDITIONAL COLLECTOR OF RAJKOT [LAWS(GJH)-2017-3-299] [REFERRED TO]
MAMATABEN D/O NAROTTAM CHANDULAL ZAVERI VS. URBAN LAND TRIBUNAL [LAWS(GJH)-2015-10-8] [REFERRED TO]
KANTILAL JINABHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2022-7-11] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)These appeals by special leave are directed against an order dated 21st September, 2010 passed by a Division Bench of the High Court of Assam at Guahati whereby Writ Appeal No.202 of 2007 filed by the respondents herein has been allowed, order dated 13th April, 2007 passed by a learned Single Judge of that Court set aside and the respondents held entitled to restoration of the possession of the land in dispute.
(3.)Late Bhabadeb Sarma, father of the respondents, was recorded as a Pattadar of a plot of land measuring 73.26 Ares equivalent to 1 Bigha, 4 Kathas and 16 Lachas, covered by K.P. Patta No.493 (old)/594 (new) in Dag No.1008(old) of Sahar Ulubari, in Mouza Ulubari, Guahati. With the adoption of Urban Land (Ceiling and Regulation) Act, 1976 by the State of Assam, the said Shri Bhabadev Sarma submitted returns under Section 6 of the said Act on 19th October, 1976. In Urban Land Ceiling Case No.343 of 1976 initiated by the District Collector against the said Shri Sarma, a draft statement under Section 8(3) was served upon the owner in regard to the land aforementioned which was, according to the draft statement, beyond the ceiling limit of 2000 sq. meters permissible under the Act. Upon consideration of the objections raised by the owner to the said draft statement, a final statement under Section 9 was prepared and published on 3rd September, 1982 declaring an area measuring 7981.48 Sq. meters to be in excess of the permissible limit. A notification dated 16th May, 1984 under Section 10(1) followed declaring the vacant land aforementioned to be in excess of the ceiling limit.


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