STATE OF MADHYA PRADESH Vs. CHANDRA SHAKHAR

JUDGEMENT

(1.) DOHAR Singh held 88.99 acres of unirrigated land. He sold 21.50 acres to Chandra Shakhar by a registered sale-deed dated April 17, 1972. In the proceedings under the M.P. Ceiling on Agricultural Holdings Act, 1960 (the Act) the competent authority declared the sale to be void by order dated January 8, 1975. Chandra Shakhar preferred an appeal which was dismissed by the Board of Revenue on February 23, 1978. He challenged the orders of the authorities under the Act by way of a writ petition under Article 226/227 of the Constitution of India which was allowed by the Madhya Pradesh High Court and the orders of the competent authority and the Board of Revenue were set aside. The sale in dispute was declared to be valid. This appeal by way of special leave is by the State of Madhya Pradesh against the judgment of the High Court

(2.) SUB -sections 1 and 4 of Section 4 of the Act which are relevant are as under

(3.) THE High Court on the interpretation of Section 4(4) held as under