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DELHI HIGH COURT
CHANDRA DHARI SINGH
Jallo Devi – Appellant
Versus
Financial Commissioner Delhi – Respondent
| Table of Content |
|---|
| 1. writ petition filed under article 226. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments presented by petitioners regarding possession and representation. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. respondents' defense concerning ownership and allotment. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 4. legal analysis of the petitioners' claims. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 5. final judgment dismissing the petition. (Para 30 , 31 , 32 , 33 , 34 , 35) |
JUDGMENT
Chandra Dhari Singh, J.
1. The instant writ petition has been filed by the Petitioners under Article 226 of the Constitution of India seeking the following reliefs:
"A) Quash and Set aside the Impugned Order dated 07.04.2022 passed by the Respondent no.1 in the Proceedings bearing no.209A/2003 titled as "Smt Jallo Devi & Ors vs Pratap Singh & Ors" upholding the Orders dated 30.04.1998 passed by the Respondent no.2 in Proceedings bearing no.18/97-98 titled as "Smt.Jallo Devi & Ors vs Sh.Lal Chand & Ors".
B) Call for the Records of Proceedings bearing no.209A/2003 titled as "Smt Jallo Devi & Ors vs Pratap Singh & Ors" adjudicated by the Respondent No.1 and the Records of proceedings bearing no. l8/97-98 titled as "
The Court affirmed that a guardian can effectively represent minors in administrative proceedings, and the Consolidation Officer has jurisdiction to rectify land allotments based on clerical errors, ....
Jurisdiction under Section 42 of the East Punjab Holdings Act is limited to clerical corrections and cannot adjudicate title disputes, which are reserved for Civil Courts.
Personal action dies with the death of the person on the maxim action personalis moritur cum persona. But this operates only in a limited class of actions Ex delicto, such as action for damages for d....
Misuse of legal process, failure to prove adverse possession, unauthorized property transfer.
The U.P. Consolidation of Holdings Act allows authorities to adjudicate on land rights even when a wrong provision is cited, as long as they possess the necessary jurisdiction.
Variation of finalized consolidation scheme on error grounds barred after unreasonable delay; ordinarily three years from implementation, despite no statutory limit, as scheme attains finality with o....
The jurisdiction under Section 42 of the Consolidation of Holdings Act is limited to correcting clerical errors and cannot be used to alter finalized consolidation schemes or adjudicate disputed titl....
Tenure Land - Once a dispute was recorded by Assistant Consolidation Officer and on objection being filed same was referred to Consolidation Officer, it is incumbent to Consolidation Officer to decid....
The court affirmed that disputes regarding consolidation schemes must be resolved through appellate remedies, and title disputes among estate holders are to be adjudicated by civil courts, not under ....
Jurisdiction under Section 42 of the Act is limited to clerical corrections and cannot alter finalized consolidation schemes or adjudicate disputed titles.
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