T.R.Thandur vs Union Of India & Ors on 8 April, 1996
We are, therefore, unable to accept the contention of the learned counsel
for the State that an application for exemption can be maintained only
before the excess is determined, under Section 10. In our view, the scheme
of the Act is to the contrary. The view taken by the High Court following
the decision of this Court in T.R. Thandur v. Union of India and Ors.,
[1996] 3 SCC 690; Darothi Clare Parreira (Smt.) and Ors. v. State of
Maharashtra and Ors., [1996] 9 SCC 633 and State of A.P., represented by
Secretary to Govt., Revenue Department, Hyderabad v. Vallum Venkateswara
Rao, (1997) 3 ALT 417, does not call for any interference.