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VIKRAM NATH, RAJESH BINDAL
Additional Tahsildar – Appellant
Versus
Urmila G. – Respondent
JUDGMENT :
RAJESH BINDAL, J.
Leave granted.
2. Despite service, no one had appeared for the respondents.
3. The appellants have challenged the order1[Order dated 10.10.2022.] passed by the High Court2[High Court of Kerala at Ernakulam], whereby the Writ Petition (C) No. 39299 of 2016 filed against the order4[Order dated 18.10.2016] passed by Upa Lokayukta5[Kerala Upa Lokayukta] in the complaint6[Complaint No. 866 of 2016] filed by respondent No. 1 was dismissed.
4. Briefly the facts, as available on record, are that respondent No. 1 filed a complaint with the Lokayukta narrating long history of the revenue record pertaining to the land with a grievance that the revenue record was not being corrected and for a direction be issued to the respondents therein for correction thereof and also to mutate the land in question in the name of legal heirs of late K. Gopalakrishnan Nair viz. (1) G. Urmila, (2) G. Ushakumari and (3) G. Krishnakumar. Upa Lokayukta, vide cryptic order dated 18.10.2016, directed Tehsildar, Varkala to rectify the mistake in the revenue records and also receive tax from the complainant. The order was to be complied with positively within one month and such compliance was
The Lok Ayukta lacks jurisdiction to issue binding orders in civil disputes, reaffirming that its role is limited to making recommendations.
The main legal point established in the judgment is that the competent authority must adhere to the provisions of the Karnataka Lokayukta Act, particularly Section 12(3), (4) and (5), and must not co....
Section 9 of the Act, 1999 deals with provisions relating to complaints and investigation.
The doctrine of necessity applies to single-member statutory bodies, permitting the authority to perform functions despite allegations of bias, as the power to make final determinations cannot be del....
The central legal point established in the judgment is the requirement for adherence to the principles of natural justice before passing any adverse orders by the authorities.
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