Back
VINIT KUMAR MATHUR
Laxmi Narayan – Appellant
Versus
The State Of Rajasthan – Respondent
ORDER
1. The case comes up on an application (01/22) for early hearing of the matter.
2. For the reasons mentioned in the application, the same is allowed.
3. With the consent of learned counsel for the parties, the matter is being taken up today itself and decided finally.
4. The present writ petition has been filed against the order dated 09/10/2015 passed by Board of Revenue, whereby learned Board of Revenue allowed the appeal of the respondent Chandan Mal and set aside the order of Revenue Appellate Authority dated 28/05/2014 maintaining the order passed by the Sub Divisional Officer dated 29/07/2011.
5. Briefly the facts in the case are that the petitioner purchased a piece of land along with the private respondents in Khasra No.58 of Village Nausariya, Tehsil Sri Dungargarh. Thereafter, the petitioner preferred a suit for partition before Sub Divisional Officer, Sri Dungargarh. During the pendency of the suit, the petitioner along with the private respondents entered into a compromise. The partition suit was decided by the Sub Divisional Officer, Sri Dungargarh on the basis of meets and bounds of the said compromise. Learned Sub Divisional officer also directed the parties to pro
The main legal point established in the judgment is that even if a party is entitled to a right of way in accordance with the law, the affected persons must be provided with a copy of the application....
Sections 151 and 152 CPC are limited to clerical corrections and do not allow for substantive reviews of prior judgments.
Petitioner's rights to be heard upheld in property subdivision matters.
The court established that remand requires a clear finding of necessity for retrial, which must be justified by the appellate authority.
The Board of Revenue exceeded its jurisdiction by entertaining a revision against a non-meritorious permit to withdraw, as the underlying assistant collector's order remained unchallenged.
The court upheld that consent to partition proceedings precludes claims of violation of natural justice, affirming the legality of the actions taken by revenue authorities.
Point of law: High Court, while exercising its jurisdiction under Section 100 of the Code of Civil Procedure, was required to formulate a substantial question of law which might have arisen for its c....
The central legal point established is the requirement for fair procedure and a reasonable opportunity of hearing in decision-making processes, as well as the importance of adhering to the principles....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
