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MRIDUL KUMAR KALITA
F. Lalthangliana (L) R/b his Son F. Zothanchhunga – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. A. R. Malhotra, learned counsel for the petitioners. Also heard Ms. Mary L. Khiangte, learned Government Advocate.
2. This writ petition under Article 226 of the Constitution of India has been filed by 29 nos. of petitioners impugning the minutes issued vide memo No. C.18018/4/94-HMP/Vol-I dated 26.04.2021 of the meeting held in the Chief Secretary’s Conference Hall on 20.04.2021 to discuss the future course of action in pursuance of the Judgment and Order dated 08.11.2017 passed by this Court in RFA No. 30/2013 (State of Mizoram vs. F. Lalthangliana and Others) wherein it was, inter alia, decided that the land settlement certificates (LSCs) issued to the present writ petitioners are to be cancelled and also impugning the letter Memo No. C.15016/5/2002-LEGAL/DTE(REV) dated 30.04.2021 issued by the respondent No. 5 in pursuant to the resolution adopted in the aforementioned meeting held on 20.04.2021 as well as Show Cause Notices dated 30.07.2021 issued to the petitioners by the respondent No. 5, in violation of the decree passed by this Court in pursuant to the Judgment and Order dated 08.11.2017 in RFA No. 30/2013.
3. The petitioners hav
quasi-judicial authority will become functus officio only when its order is pronounced, or published/notified or communicated to the party concerned.
The court's decision emphasized the need for convincing evidence to support allegations of forgery and illegal deprivation in land acquisition cases, and the requirement for a full-fledged trial for ....
Possession alone does not confer entitlement to government land; prior rejections of settlement applications by the state are binding.
The settlement claim must be substantiated with relevant documents in a summary proceeding.
A writ petition under Articles 226 and 227 is maintainable when statutory authorities act without jurisdiction, allowing for correction of records even after finalization.
The judgment emphasizes the importance of continuous rent receipts and evidence of possession in validating land settlements under the Bihar Land Reforms Act, 1950. It also highlights the significanc....
The Joint Collector is competent to exercise power under BSO 15(18) and deal with the issues regarding assignment of land. The power under BSO 15(18) can be exercised at any time in view of the langu....
The Deputy Commissioner's actions were found to be in compliance with the MLR & LR Act and Rules, and substantial compliance with the principles of natural justice. The court declined to interfere wi....
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