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ANAND PATHAK, ROOPESH CHANDRA VARSHNEY
Hindustan Commercial Corporation Pvt. Ltd. – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. The present appeal under section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is preferred by the appellant (hereinafter referred to as “the petitioner”) being crestfallen by the order dated 2-12-2016 passed by learned Single Judge in Writ Petition No.4032 of 2005 whereby the writ petition filed by the petitioner has been dismissed.
2. For appreciating the controversy in better perspective following dates and events are worth reproduction :
| Dates | Events |
| 19-11-1942 | One Sampat Kumar Majeji moved an application to the Gwalior Estate for allotment of the land. |
| 11-02-1943 | Gwalior Estate allotted land in question to Sampat Kumar Majeji, for establishing the Paint & Varnish Factory, on the conditions mentioned therein. (Annexur P/8). |
| 16-02-1943 | Sampat Kumar Majeji accepted the terms and conditions, thereby confirming the same. Thereafter, M/s. Gwalior Paints & Chemical Industries Ltd., was established. |
| 28-08-1950 | Bijmohan Das Nagori and Motilal Gupta in the capacity of Director of M/s The Gwalior Paint & Chemical Industries Ltd. sold the rights, title and interest in the i |
The main legal point established is the finality of litigation and the legal certainty conferred by the judgment and decree in favor of the petitioner, along with the award from the Permanent Lok Ada....
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.
Civil Suit - Additional Evidence - Wherever additional evidence is allowed the court shall record reason for its admission.
The State Government exceeded its jurisdiction under the U.P. Rent Control Act by restoring a sub-letting order that contravenes established tenant rights, emphasizing the requirement that tenants oc....
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....
Writ jurisdiction under Article 226 cannot resolve disputed title and possession over land; civil suit is appropriate remedy. Section 23(1)(a) of U.P. Zamindari Act bars recognition of post-1948 tran....
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