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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER
Yash Paul – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. factual history of land allotment and prior judicial determinations. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 2. re-evaluation of evidence confirming valid allotment and possession rights. (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 3. final adjudication on surplus land utilization and dismissal of writ petition. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 4. application of the doctrine of lis pendens to property transfers during litigation. (Para 29 , 30 , 31 , 32 , 33 , 34) |
JUDGMENT :
HARSH BUNGER, J.
1. This order shall dispose of two petitions i.e. CWP-2878-A-1996 and COCP-2166-2024 and for the purpose of passing order, the facts are being taken from CWP-2878-A-1996.
CWP-2878-A-1996.
2. Petition herein is, filed under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari, for setting aside the order dated 26.10.1994 (Annexure P-13) passed by learned Financial Commissioner, Haryana and to further quash certificate of allotment (Form US-3) dated 09.08.1995 (Annexure P-14) issued by learned Allotment Authority, Karnal in favour of Sh. Sadhu Ram (predecessor in interest of respondents No.4 to 10 herein).
2.1 Another pra
A final civil court decree regarding title and possession of surplus land is binding on all parties and successors. Land is considered utilized upon allotment and delivery of possession, and transfer....
A valid land allotment must be canceled before a subsequent allotment can be deemed lawful, reaffirming the plaintiffs' ownership rights and possession under the Tripura Land Revenue and Land Reforms....
The failure to establish lawful possession and the invalidity of the allotment order led to the dismissal of the appeal, emphasizing jurisdictional limits in civil suits regarding land allotments.
The courts affirmed the principle that a legitimate title and prior possession override claims of permissive possession, in the absence of contrary evidence.
Imposition of Ceiling on Land Holdings Act does not permit retroactive scrutiny of land transfers pre-dating statutory cut-off; failure to follow judicial precedents constitutes a breach of natural j....
The Tribunal acted beyond its jurisdiction in granting occupancy rights without notifying interested parties, violating principles of natural justice.
A recorded tenant's consent is essential for an unrecorded co-tenant to acquire Bhumidhari rights; absence of such consent invalidates claims to ownership.
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