Back
VIVEK RUSIA, ROOPESH CHANDRA VARSHNEY
Mohandas Chela of Amardas Mahant Narsingh Tila Mandir – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
Vivek Rusia, J.
Appellant/Petitioner has filed W.A. No. 1119/2022 challenging the order dt. 23-8-20222, whereby the learned Writ Court dismissed Writ Petition No. 7667/2010. Appellant/Petitioner has also filed W.A. No. 1120/2022 challenging the order dt. 23-8-2022, whereby the learned Writ Court dismissed Writ Petition No. 4120/2010.
2. The controversy involved in both the appeals is the same, therefore, they are being decided by this common order.
3. For the sake of convenience, the facts are being taken from W.A. No. 1120/2022, which are as under :—
The court established that administrative actions affecting property rights must adhere to principles of natural justice, including the right to a fair hearing.
Protected tenants cannot be evicted without due process and adherence to principles of natural justice, as established under the J&K Tenancy Act.
Revenue Authorities cannot adjudicate land title disputes; such matters must be resolved by Civil Courts under the Assam Land Revenue Regulation, 1886.
Authority must avoid unjust cancellation of property rights without valid reasons, emphasizing the necessity for resolution of title disputes in civil courts as mandated by law.
Revenue Authorities cannot adjudicate title disputes, requiring resolution in civil court; decisions must include sufficient reasoning to uphold property rights.
Suppression of material facts in a writ petition can lead to dismissal and costs imposed on the petitioner.
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
