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1 - 10 of 14 (0.31 seconds)Article 226 in Constitution of India [Constitution]
T.M.A.Pai Foundation & Ors vs State Of Karnataka & Ors on 31 October, 2002
Paragraphs 20 and 25 of the judgment given in the case of
T.M.A.Pai Foundation v. State of Karnataka, reported in (2002) 8 SCC
481 is relied upon to submit that it may be doubtful whether
"education" is a profession or not, but it does not appear that
"education" will fall within the meaning of the expression "occupation".
Kasturi Lal Lakshmi Reddy vs State Of Jammu And Kashmir & Another on 9 May, 1980
To support the submission, the judgment given in the case of Kasturi
Lal Lakshmi Reddy v. State of J and K, reported in (1980) 4 SCC 1
(specifically paragraph No.22) is relied.
M.P. Oil Extraction And Anr. Etc vs State Of Madhya Pradesh And Ors on 9 July, 1997
Relying on the judgment given in the case of M.P. Oil
Extraction v. State of M.P., reported in (1997) 7 SCC 592 (paragraph
Nos. 45 and 46), it is submitted that unless it is pleaded and proved
that the allotment of the land without public notice or inviting tenders
is out of favouritism, the Court will not interfere with the decision of
the Government only on the ground that the allotment of the land is
without inviting tenders as the State Government may not always be
dictated by the only consideration of more revenue.
State Of Assam & Ors vs Bhaskar Jyoti Sarma & Ors on 27 November, 2014
10. Shri S.N. Bhattad advocate has submitted that the
allotment under Section 23 of the Ceiling Act, 1976 can be for the
houses of the weaker section. To counter the submission made on
behalf of the petitioner on the basis of Section 10(5) of the Ceiling Act,
1976, Shri S.N. Bhattad advocate has submitted that the documentary
evidence on record shows that the land in question vested in the State
Government and the question whether actual physical possession was
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Judgment 13 wp55.04.odt
taken over is a disputed question of fact which cannot be determined in
the proceedings under Article 226 of the Constitution of India. The
learned advocate has relied on the judgment given in the case of State
of Assam v. Bhaskar Jyoti Sarma, reported in (2015) 5 SCC 321 to
support this submission.
Bangalore Water-Supply & Sewerage ... vs R. Rajappa & Others on 21 February, 1978
12. Shri M.G.Bhangde, learned Senior Advocate has submitted
that the allotment of land under the Ceiling Act, 1976 for running a
school/ education institution is permissible as "education" is an
industry. To support the submission, reliance is placed on the judgment
in the case of Bangalore Water Supply and Sewerage Bd v. Rajappa,
reported in (1978) 2 SCC 213. It is submitted that it is not necessary
that in every case of allotment of land or allocation of natural
resources, advertisement should be given or publicity should be made
or tenders should be invited. To support this submission, the learned
Senior Advocate has relied on the judgment given in the case of
Natural Resources Allocation, in Re, Special Reference No.1 of 2012,
reported in (2012) 10 SCC 1.
The Printers (Mysore) Ltd vs M.A. Rasheed & Ors on 5 April, 2004
Judgment 21 wp55.04.odt
In cases where the allottees have put the lands to use and
have spent amount for undertaking construction, in our view,
considering the proposition laid down in the judgment given in the case
of Printers (Mysore) Ltd. (supra), it would not be proper to direct
cancellation of the allotments. However, as we have concluded that the
allotments are made without following the proper procedure, we are of
the view that certain conditions should be imposed on the allottees.