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This judgement delivered on November 25, 2016, deals with the dominance of Union Legislation over the State Legislation in accordance with the two preconditions being satisfied. The ratio laid down by comparing Article 246 and Article 31B of the Indian Constitution suggests that if the state legislation encroaches the parliamentary legislation then it can be nullified.
UCO Bank & Anr. V. Dipak Debbarma & Ors.
Civil Appeal No. 11250 of 2016
Before the Supreme Court of India
Coram: Ranjan Gogoi and Abhay Manohar Sapre, JJ.
Delivered on: November 25, 2016.
Facts: The UCO bank by the sale notification dated 26.06.2012 under SARFESI Act, 2002, sold the land by auction to the purchaser who is not the member of Schedule Tribe. By the virtue of section 187 of Tripura Land Revenue and Land Reform Act, 1960, it is mandatory for the bank to sell such property to schedule tribe only.
Procedural History: A writ petition was instituted in the Agartala Bench of the Gauhati high Court who are the respondent in the present appeal. The High Court agreed with the act of 1960 because it is included in the 9th schedule of the constitution and therefore enjoys protection under section 31B of the Constitution and hence prevails over the act of 2002.