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N. KOTISWAR SINGH, SURYA KANT
Ashapura Vikas Samiti – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. controversy over land ownership and acquisition. (Para 2 , 3 , 4 , 5 , 6) |
| 2. claims contesting the validity of land transfer. (Para 7 , 8) |
| 3. need for hearing all parties for proper adjudication. (Para 9 , 14) |
| 4. process for disposing of appeals and maintaining status quo. (Para 10 , 11 , 12) |
| 5. no merit opinion on the case; instructions for high court. (Para 15 , 16) |
| 6. disposal of applications alongside appeals. (Para 17 , 18) |
ORDER :
1. Leave granted.
2. Ashapura Vikas Samiti, a Housing Society, and one Pradeep Kumar Jain, claiming to be an office bearer of the aforesaid Society, are in appeal before us challenging the judgment and order dated 12.03.2018, passed by a Division Bench of the High Court of Judicature for Rajasthan, Bench at Jaipur, in DB Special Appeal Writ No. 373/2002 and connected matters, whereby the judgment of the learned Single Judge dated 20.03.2002, passed in S.B. Civil Writ Petition No. 2903/1994, was set aside and the matter was remitted to the learned Single Judge for a fresh adjudication of the above-stated Writ Petition.
3. The controversy revolves around a parcel of land situated in village Bhojpura, Tehsil and District Jaipur, Rajasthan, po
Supervisory jurisdiction is limited to ensuring tribunals act within their authority and does not permit re-assessing evidence. Once land is legally acquired and possession taken by the state, subseq....
A writ of certiorari cannot be issued by one Bench of a High Court to another, requiring parties to pursue review instead in original proceedings.
Remedies as available under Articles 32 and 136 of Constitution are distinct and must be so availed in a given case.
Forest land - Restrictions on transfer by bhumidhars belonging to a scheduled caste - Land which had been included in a notification issued under Section 4 of 1927 Act, would also be subject to rigou....
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