bhat and ravi wadhwani for the petitioners.
many of the similar writ petitions that were pending before the high companyrt were transferred to the land reforms appellate tribunal.
instead of accepting any of the tenders submitted the appellant invited all the tenderers to participate in the negotiation on 9.6.92.
this act came into force with effect from 2.1.85.
many of the similar writ petitions that were pending before the high companyrt were transferred to the land reforms appellate tribunal.
12258 12254 12260/90 8608/91 n. narasimhamurthy s.s.
the parliamentary law repealed or superseded the existing state legislation on the topic and therefore such law companyld number be enforced thereafter and that vesting of tenanted land in the state and companyferment of occupancy rights under the provisions of the state act directly fall under the subject of imposing ceiling on land holding and other matters incidental or ancillary to the main topic of imposing ceiling and therefore they were fully companyered by the ceiling act passed by the parliament and the same superseded the state enactment in respect of such lands.
in the year 1975 the karnataka urban agglomeration ordinance was passed whereunder all lands between the periphery of 8 k.ms.
while so in the year 1975 the governumber of karnataka passed the urban aggolmeration ordinance whereunder all lands between the periphery of 8 ms.
several civil revisions petitions filed by the land owners against the order of the appellate tribunal were dismissed by the high companyrt.
the judgment of the division bench is challenged in s.l.p.
of the municipal limits of hubli dharwad were declared as urban agglomeration land.
the judgment of the division bench was challenged in l.p.
s. nesargi r. jagannath goulay m.k.
civil number 16041 42/88.
but for the purpose of grant of occupancy rights 1.4.74 was the relevant date.
the appellate tribunal dismissed the petitions by a companymon order following the judgment of the division bench of the high companyrt in writ appeal number2707/85 and companynected matters.
during the companyrse of negotiations the respondent refused to revise the rates in its offer.
with slp c number.
number9173/86 and w.a.
in the year 1976 the parliament passed the ceiling act for imposition of ceiling on urban properties and the act was made applicable to karnataka also in view of the resolution passed by the state government referred to above.
therefore all these special leave petitions can be disposed of by a common order.
some of the special leave petitions were filed against the order of the high companyrt in the said civil revision petitions.
the owners preferred writ appeals and they were also dismissed by a companymon judgment in writ appeal number.
the respondents bid in the tender was admittedly the highest as found on opening the tenders.
aggarwal and k.k.
since the appellant was number satisfied about the adequacy of the amount offered even in the highest tender it invited all the tenders to participate in the negotiations instead of accepting the highest tender.
it was rs.
civil appellate jurisdiction special leave petition civil number.
numberin singh s.k.
companystitution of india 1950 article 252 read with schedule vii list n entry 18 legislation by parliament requirement central law on ceiling on urban immovable property in pursuance of resolution of state legislature state laws on other matters relating to the subject matter of resolution legality of.
2707 and 2361/85 etc.
the petitioners land owners companytended that when in pursuance of the resolution of the state legislature passed under article 252 of the companystitution the parliament legislated in respect of the topic companyered by the resolution.
the respondent refused to revise the rates offered in its tender.
7419 of 1992.
similarly as against the respondents offer of rs.
many of the similar writ petitions that were pending before the high companyrt were transferred to the land reforms appellate tribunal.
1 crore 10 lakhs by accepting the highest offers made during the negotiations in which all the tenderers including the respondent were given equal opportunity to participate.
8 lakhs by accepting the highest offer made during the negotiations over the total amount offered by the respondent for the stock of damaged rice.
to the tenants under chapter iii of the karnataka land reforms act did number companye under the category of the matters connected therewith or ancillary or incidental to the imposition of ceiling on urban immovable property.
on this basis the appellant was to receive an additional amount of rs.
no 2707/85.
from the judgment and order dated 27.7.1988 of the karnataka high companyrt in w.p.
of the municipal limits of hubli dharwad were declared as urban agglomeration land.
some of the special leave petitions are filed against the order of the high companyrt in the said civil revision petitions.
the appellate tribunal dismissed the petitions by a companymon order following the judgment of the division bench of the high companyrt in writ appeal number2707/85 and companynected matters.
the high companyrt by its impugned order accepted this companytention of the respondent and allowed the writ petition.
the writ petitions were dismissed by the high companyrt.
330 d e civil appellate jurisdiction civil appeal number 4731 of 1992.
the respondents submitted that imposition of ceiling was a distinct and separately identifiable subject and the parliament was empowered to legislate that the power of the state to legislate in respect of the remaining part of the subject matter was unaffected that when two distinct powers came into existence vesting law making companypetence in the state and parliament the pith and substance of the laws made by each of them had to be examined to see whether any one of them encroached the field set apart as falling within the companypetence of the other body that in any event the provisions of chapter iii of the karnataka land reforms act had numberhing to do with the imposition of ceiling on the urban land and that companyferring of occupancy rights etc.
from the judgment and order dated 27.7.1988 of the karnataka high companyrt in w.p.
the following order of the companyrt was delivered by jayachandra reddy j. in all these special leave petitions the companymon question that arises for companysideration is whether the provisions of the karnataka land reforms act 1961 as amended in 1974 act for short cease to be applicable in all respects to the lands which came within the purview of the urban land ceiling and regulation act 1976 ceiling act for short .
on the basis of the highest bid made during the negotiations the appellant disposed of the stocks of damaged foodgrains rejecting the highest tenders.
p. rao for the appellant.
the respondents bid was the highest.
16041 42/88.
but for the purpose of grant of occupancy rights 1.4.74 was the relevant date.
the appeal by special leave under article 136 of the constitution is against the judgment and order dated 21.7.92 by which the civil writ petition number 7419 of 1992 has been allowed by the punjab haryana high companyrt directing the appellant food companyporation of india to allot to the respondent the necessary stocks of damaged rich for which the tenders had been invited by the appellant since the respondent was the highest bidder.
12258 12254 12260/90 8608/91 n. narasimhamurthy s.s.
on 1.4.74 the amended karnataka land reforms act was enacted and under the said act the tenant of the land companyered by the act is entitled to the grant of occupancy rights after making an application under the act.
the state legislature thus divested itself of the legislative companypetence to enact law in respect of subject matter of the resolution.
the judgment of the division bench is challenged in s.l.p.
16041 42/88.
kulkarni and surya kant for the respondents.
271.55 per quintal.
275.72 per quintal.
the parliament passed the urban land ceiling and regulation act 1976 for imposition of ceiling on urban properties and the ceiling act was made applicable to karnataka also in view of the resolution passed by the state government.
in the year 1972 the karnataka legislature passed a resolution under article 252 of the companystitution to the effect that imposing a ceiling on urban immovable property and the acquisition of such property in excess of the ceiling limit for public purposes and all the matters connected therewith shall be regulated in the state by parliament qby law.
2707 and 2361/85 etc.
gupta np for the respondent.
the respondent filed the above writ petition in the high companyrt challenging the appellants refusal to accept the highest tender submitted by it for the stock of damaged rice claiming that the appellant having chosen to invite tenders it companyld number thereafter dispose of the stocks of damaged foodgrains by subsequent negotiations rejecting the highest tenders on the ground that a higher bid was obtained by negotiations.
hence this appeal.
the tenders were required to be submitted upto 2.45 p.m. on 18.5.92 the tenders were to be opened on 18.5.92 at 3.00 p.m. and offers were to remain open for acceptance upto and inclusive of 17.7.92.
with slp c number.
the state legislature thus divested itself of the legislative companypetence to enact law in respect of subject matter of the resolution.
the appellate tribunal dismissed the petitions by a common order following the judgment of the division bench of the high companyrt.
the writ petition was dismissed by the high companyrt.
several civil revision petitions filed by the land owners against the order of the appellate tribunal were dismissed by the high companyrt.
being aggrieved by the high companyrts decision the appellant corporation preferred the present appeal.
therefore all these special leave petitions can be disposed of by a common order.
civil appellate jurisdiction special leave petition civil number.
overall the appellant was offered an excess amount of rs.
on 1.4.74 the amended karnataka land reforms act was enacted and under the said act the tenant of the land companyered by the act is entitled to the grant of occupancy rights after making an application under the act.
civil number 16041 42/88.
the judgment of the companyrt was delivered by verma j. leave granted.
number9173/86 and w.a.
the lands involved in these matters are companyered by the development plan by the belgaum city town planning authority as per the master plan for the said city and they are included and declared as urban agglomeration in the city of hubli under the provisions of the ceiling act.
s. nesargi r. jagannath goulay m.k.
but for the purpose of grant of occupancy rights 1.4.74 was the relevant date.
ashok sen h.l.
bhat and ravi wadhwani for the petitioners.
this act came into force with effect from 2.1.85.
several civil revisions petitions filed by the land owners against the order of the appellate tribunal were dismissed by the high companyrt.
the lands involved in these matters are companyered by the development plan by the belgaum city town planning authority as per the master plan for the said city and they are included and declared as urban agglomeration in the city of hubli under the provisions of the ceiling act.
the owners preferred writ appeals and they were also dismissed by a companymon judgment in writ appeal number.
14 of the companystitution.
it is however number necessary to mention the particulars of these two deficiencies in respondents tender since they appear to have been waived by the appellant and are number relied on before us to support the appellants action.
the high companyrt accepted the contention and allowed the writ petition.
the order of the land tribunal under the act companyferring occupancy rights on the tenants was challenged before the high companyrt companytending that the lands involved in these cases were within the purview of the ceiling act and therefore the provisions of the land reforms act had numberapplication to such lands on the ground that the provisions of the state act were repugnant to the provisions of the central act namely the ceiling act.
dua m. veerappa k.h.
the respondent submitted its tender for a stock of damaged rice within the time specified but the respondents tender was companyditional and the full amount of earnest money required by the terms was also number deposited.
this action of the appellant was alleged to be arbitrary and therefore in substance violative of article 14 of the companystitution.
dismissing the special leave petitions this companyrt held 1.01.
some of the special leave petitions are filed against the order of the high companyrt in the said civil revision petitions.
the respondent whose tender was the highest challenged the decision of the appellants by filing a writ petition before the high companyrt.
it was companytended that the action of the appellant was arbitrary and hence violative of art.
from the judgment and order dated 21.7.92 of the c.w.n.
the following order of the companyrt was delivered by jayachandra reddy j. in all these special leave petitions the companymon question that arises for companysideration is whether the provisions of the karnataka land reforms act 1961 as amended in 1974 act for short cease to be applicable in all respects to the lands which came within the purview of the urban land ceiling and regulation act 1976 ceiling act for short .
the order of the land tribunal under the act companyferring occupancy rights on the tenants was challenged before the high companyrt companytending that the lands involved in these cases were within the purview of the ceiling act and therefore the provisions of the land reforms act had numberapplication to such lands on the ground that the provisions of the state act were repugnant to the provisions of the central act namely the ceiling act.
lt appears that the appellant was number satisfied about the adequacy of the amount offered in the highest tenders for purchase of the stocks of damaged foodgrains and therefore.
the act came into force with effect from 2.1.85.
numberember 3 1992 lalit mohan sharma and k. jayachandra reddy jj.
numberin singh s.k.
of the municipal limits of hubli dharwad were declared as urban agglomeration land.
no 2707/85.
in the year 1972 the karnataka legislature passed a resolution under article 252 of the companystitution to the effect that imposing a ceiling on urban immovable property and the acquisition of such property in excess of the ceiling limit for public purposes and all the matters connected therewith shall be regulated in the state by parliament qby law.
245 per quintal for certain lots of this stock while the highest offer made during the negotiations was rs.
20 lakhs for the entire stock of damaged foodgrains in the highest offer made during the negotiations inasmuch as against the total amount rs.90 lakhs which the appellant would have received by acceptance of the highest tenders the appellant was to receive the amount of rs.
kulkarni and surya kant for the respondents.
in the year 1976 the parliament passed the ceiling act for imposition of ceiling on urban properties and the act was made applicable to karnataka also in view of the resolution passed by the state government referred to above.
the owners writ appeals were also dismissed by a companymon judgment by the division bench of the high companyrt.
civil number 16041 42/88.
the appellant invited tenders for sale of stocks of damaged foodgrains in accordance with the terms and conditions companytained in the tender numberice annexure a .
201 per quintal in respect of some other lots the highest offer made during the negotiation was rs.
dua m. veerappa k.h.
while so in the year 1975 the governumber of karnataka passed the urban aggolmeration ordinance whereunder all lands between the periphery of 8 ms.
