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MANGARI v. SARDAR .

Supreme Court of India | Diary 10037/2013

Status

ROP - of Main Case

Decided On

03-05-2013

Bench

Petitioner

MANGARI

Respondent

SARDAR .

Primary Holding

A sale deed executed by a Scheduled Caste vendor in favour of a Scheduled Caste purchaser does not require prior permission from the Competent Authority, and such a transaction cannot be assailed as illegal under land alienation restrictions applicable to Scheduled Castes.

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Full Judgment Text

8 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Petition for Special Leave to Appeal (Civil)....../2013 CC 9324/2013 MANGARI Petitioner VERSUS SARDAR & ORS. Respondent O R D E R Delay condoned. The courts below have concurrently upheld the validity of the sale deed executed by the petitioner. However, the only question that could have been considered by this Court is whether the land in question could legally be purchased by the respondents without obtaining permission from the Competent Authority as the land in question belongs to the petitioner who is from a Scheduled Caste category. However, this point although was never raised before the Courts below, we thought it appropriate, in the interest of justice, to ascertain whether the purchasers also belong to a Scheduled Caste category and it has been stated that purchasers are also from the same category. In that view, the transaction of sale and purchase between the parties cannot be assailed on the ground that the transaction was illegal. Thus, the special leave petition has no merits, hence it is dismissed. ........................J. (GYAN SUDHA MISRA) ........................J. (J. CHELAMESWAR) NEW DELHI MAY 03, 2013ITEM NO.11 COURT NO.13 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2013 CC 9324/2013

(From the judgement and order dated 13/12/2012 in SA No.1653/1990, of TheHIGH COURT OF JUDICATURE AT ALLAHABAD)MANGARI Petitioner(s) VERSUSSARDAR & ORS. Respondent(s)(With appln(s) for c/delay in filing SLP)Date: 03/05/2013 This Petition was called on for hearing today.CORAM : HON'BLE MRS. JUSTICE GYAN SUDHA MISRA HON'BLE MR. JUSTICE J. CHELAMESWARFor Petitioner(s) Mr. Balwant Singh, Adv. Mr.Prakash Kumar Singh, Adv. Mr. Atul Tripathi, Adv. Mr. Niraj Kumar Gupta, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. The special leave petitiion is dismissed in terms of the signed order. (NAVEEN KUMAR) (SNEH BALA MEHRA) COURT MASTER COURT MASTER (Signed order is placed on the file)

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