NELSON SAILO
Thanzuali – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
Heard Mr. Vanlalnghaka, learned counsel for the petitioners, Ms. Mary L Khiangte, learned Government Advocate appearing for respondent Nos. 1 to 4 and Mr. Samuel Vanlalhriata Chhangte, learned counsel for the respondent No. 5.
2. By filing this writ petition, the petitioners have prayed for setting aside and quashing the cancellation Order dated 05.02.2021 (Annexure-5) by which the House Pass that was issued to them have been cancelled by the respondent No. 4. The petitioners have also prayed for a direction to the respondents to conduct spot verification on their land and on the land of the respondent No. 5 to ascertain their respective land holdings.
3. Brief facts essential for disposal of the writ petition may be noticed at the outset. According to the petitioners, they were issued House Pass by the competent authority i.e., the respondent No. 4 under Section 26 & 36 of the Mizoram (Land Revenue) Act, 2013 (Act of 2013) read with Rule 14 & 15 of the Mizoram (Land Revenue) Rules, 2013 (Rules of 2013) with the approval of the Govt. of Mizoram dated 01.09.2017. The respective land of the petitioners are all located at Falkland, Aizawl, Mizoram. The petitioners contend that
Point of Law : When the authority has already made up its mind, cannot come to the aid of the petitioner due to the fact that petitioner who claims to have been issued a permit for his land in the ye....
The authority can cancel land assignments based on misrepresentation or fraud without a time limit, as established under Board Standing Orders 15 (18) (1).
The cancellation of pattadar passbooks for land requires substantial proof of fraud or illegality, and must adhere to principles of natural justice and binding judicial precedents.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.