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B.S.CHAUHAN, SWATANTER KUMAR
Manohar Lal (D) by Lrs. – Appellant
Versus
Ugrasen (D) by Lrs. – Respondent
Key Points: - No higher or appellate/revisional authority can exercise the power of the statutory authority; such directions are unenforceable if issued by a superior authority directing the statutory authority to act in a particular manner (!) - The revisional authority can examine legality or propriety of an existing order or direction, not substitute its own order over the lower authority (!) (!) - An order passed by an authority in spite of an interim court order is a nullity; authority must respect interim orders (!) (!)
The State Government as revisional authority cannot entertain direct applications and direct lower authorities to allot land; such actions amount to colourable exercise of power (!) (!)
A relief cannot be granted which was not specifically prayed for; court cannot grant unrequested relief (!) (!)
JUDGMENT
Dr. B. S. Chauhan, J. —
1.Both these appeals have been preferred by the appellants being aggrieved of the judgment and order of the Allahabad High Court dated 22nd July, 2003 passed in C.M.W.P. No.6644 of 1989 by which the High Court has allowed the Writ Petition filed by respondent No.1-Ugrasen quashing the allotment of land made in favour of appellant-Manohar Lal and further directed to make the allotment of land in favour of the said respondent-Ugrasen.
2.In these appeals, three substantial questions of law for consideration of this Court are involved, they are, namely:
(a) As to whether the State Government - a Revisional Authority under the Statute, could take upon itself the task of a lower statutory authority?;
(b) Whether the order passed or action taken by a statutory authority in contravention of the interim order of the Court is enforceable?; and
(c) Whether Court can grant relief which had not been asked for?
3.Facts and circumstances giving rise to these appeals are that lands owned and possessed by predecessor-in-interest of private appellant Manohar Lal and respondent Ugrasen were acquired under the provisions of the Land Acquisition Act, 1894 (hereinafter referred
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