Case: State of Andhra Pradesh Vs. Transport Corporation of India Limited

1. The only question for decision in this appeal by special leave is the correctness of the view taken by the High Court that the land held by a company has to be treated as the land held by individual shareholders and the same has to be divided among the shareholders for determining the surplus area under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short "the Act"). There is no dispute that a company is a "person" as defined in Section 3(o) of the Act and it is required to file the declaration according to Section 8 of the Act. That being so, for every purpose under the Act it is the company which has to be treated as the "person" and not the individual shareholders thereof. The view taken by the High Court that the individual shareholders and not the company itself are to be treated as holders of the land and division of the land has to be made between them is, therefore, incorrect for the purpose of determining the surplus land under the Act. The computation has to be made treating the company as a "person" and not its individual shareholders.

Decision reasoning: 1[ds]There is no dispute that a company is a "person" as defined in Section 3(o) of the Act and it is required to file the declaration according to Section 8 of the Act. That being so, for every purpose under the Act it is the company which has to be treated as the "person" and not the individual shareholders thereof. The view taken by the High Court that the individual shareholders and not the company itself are to be treated as holders of the land and division of the land has to be made between them is, therefore, incorrect for the purpose of determining the surplus land under the Act. The computation has to be made treating the company as a "person" and not its individual shareholders.