SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Raj) 1371

ANOOP KUMAR DHAND
Anil Agarwal, S/o. Kailash Chand – Appellant
Versus
Suresh Chand, S/o. Late Shri Ramesh Chand Tiwari – Respondent


Advocates Appeared:
For the Petitioner: Mr. Gajendra Singh Rathore.
For the Respondent: Mr. Gulab Chand Goyal, Mr. Suresh Chand Goyal.

ORDER :

1. The issue involved in these writ petitions is “when no remedy of filing appeal is prescribed in any statute, whether the aggrieved person can be left remediless?”

Factual Matrix:-

2. In the present matter, allotment of same land in question was made in favour of both the parties by the authorities in different years. Both the parties made their respective claims over the land in question and finally, after holding an enquiry, the allotment made in favour of the respondents was treated as valid. Now, the question which remains for consideration before this Court is “whether the order passed by the Collector is final or the petitioner would have any remedy of filing appeal or not”. It is in this background, the issue involved in these petitions is required to be considered.

3. Since common question of law and facts are involved in both the petitions, hence with the consent of the counsel for the parties, both the matters are taken up for final disposal and the same are being decided by this common order.

4. For the sake of convenience, the facts mentioned in S.B. Civil Writ Petition No. 6941/2023 are taken into consideration.

5. The instant petition has been filed by the petitio

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        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

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top