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MINI PUSHKARNA
Gindori – Appellant
Versus
Consolidation Officer – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)
1. No counter affidavit has come to be filed on behalf of the respondent. However, ld. Counsel for petitioner submits that he has made a prayer in the alternative for directions to the respondent/Consolidation Officer to dispose of the case of the respondent that was remanded by this Court by virtue of order dated 02.09.2016 in W.P.(C) No.11530/2015, in a time-bound manner.
2. The present petitioner had earlier approached this Court by way of W.P. (C) 11530/2015 titled as Smt. Gindori Vs. Financial Commissioner & Ors. The said writ petition came to be disposed of vide order dated 02.09.2016, in which the following order was passed:
"The petitioner is aggrieved by the fact that a purported order dated 06.03.1984 was passed qua his land i.e. in khasra No. 5/13/2 in village Paprawat, Najafgarh wherein as per the order dated 06.03.1984, there was certain land which was in excess with the petitioner and accordingly this land had to be passed on to the Gaon Sabha. This order dated 06.03.1984 is not traceable. In fact a query had been put to the respondent on this count, he has come back with instructions that this record
The court emphasized the importance of expeditious disposal of representations and directed the respondent to pass a speaking order within a specified time frame.
The recognition of the petitioner's right as Kayami and the directive to protect their possession without illegal and forcible disturbance.
Administrative authorities cannot recall judicial orders without due process, and principles of natural justice require a hearing before adverse actions affecting rights.
Finality of orders and implementation of Settlement Agreements
It is well known that "conclusions" and "reasons" are two different things and reasons must show mental exercise of authorities in arriving at a particular conclusion. In Union of India v. Mohan Lal ....
Judicial orders must be made with integrity and transparency, and any manipulation or procedural irregularity undermines the validity of such orders.
Amendments to grounds of appeal that seek to change the character of the case cannot be permitted at advanced stages of litigation, particularly when earlier opportunities to introduce such arguments....
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