Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Scheduled Undertaking Writ Jurisdiction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | UTTAR PRADESH SUGAR(ACQUISITION) ACT, 1971:UNDERTAKINGSs.2(h)(vi) read with s.3 - 'Scheduled undertaking' -Vesting of, in Sugar Corporation - Land of Sugar factoryshown in revenue records as "Parti Kadim Tilla" (land notcultivated for a long time and in the form of hillock), held byconsolidation authorities as vested in the Corporation - HighCourt directing to restore the name of sugar Company inrevenue records - Held: All the three statutory authoritiesconcurrently held that there was no evidence on record toshow that the subject land was ever held or occupied by therespondent-Company for agricultural purposes or that anyagricultural activity was ever carried out on the same -- Theseconcurrent findings of fact could not have been reversed bythe High Court in its writ jurisdiction -- Therefore, the subjectland has been rightly taken as vested in the Corporation.CONSTITUTION OF INDIA 1950:Art. 226 - Writ jurisdiction of High Court - Scope of -High Court reversing the concurrent findings of all the threeconsolidation authorities - Held: Whether or not therespondent-company held or occupied the subject land forcultivation was essentially a question of fact, answered againstthe company -- High Court failed to appreciate that it was notsitting in appeal over the findings recorded by the authoritiesbelow -- It could not reappraise the material and hold that the land was held or occupied for cultivation and substitute its ownfinding for that of the authorities -- High Court, thus, committedan error - Uttar Pradesh Sugar Undertakings (Acquisition)Act, 1971. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2013 INSC 611 |
Petitioner | State Of U.p. |
Respondent | M/s Lakshmi Sugar & Oil Mills Ltd. And Ors. |
SCR | [2013] 9 S.C.R. 345 |
Judgement Date | 2013-09-12 |
Case Number | 8085 |
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