Civil Suit and Revenue Proceedings - The pendency of a civil suit does not automatically bar revenue authorities from proceeding with land or property-related actions; however, questions of title and ownership are left for civil courts to adjudicate. Revenue authorities are generally required to halt proceedings if a question of title is raised, leaving the matter to the civil courts. Abdul Rafeeq S/o late Abdul Hameed VS State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad - Andhra Pradesh, Nagjiram VS Mangilal - Madhya Pradesh, Jogendra Singh VS State of M. P. - Madhya Pradesh, Brijesh Garg vs Nagar Palika Parishad Shivpuri - Madhya Pradesh, Shantai Group, Pune VS State of Maharashtra, Through Its Department Of Revenue And Forest, Mantralaya, Mumbai - Bombay, Divakar R. Dalvi, s/o of late Raghoba Dalvi VS Deputy Collector & SDO, Bicholim - Bombay
Effect of Pending Civil Litigation - Civil suits do not necessarily prevent revenue authorities from acting but can influence the course of proceedings, especially when ownership or possession is contested. Courts emphasize that revenue authorities should stop proceedings when a title dispute is evident, and such disputes are to be resolved civilly. Abdul Rafeeq S/o late Abdul Hameed VS State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad - Andhra Pradesh, Nagjiram VS Mangilal - Madhya Pradesh, Jogendra Singh VS State of M. P. - Madhya Pradesh, Brijesh Garg vs Nagar Palika Parishad Shivpuri - Madhya Pradesh, Pancham alias Bechan VS Sita Ram, State of U. P. - Crimes, Bhola Ram VS Board Of Revenue U. P. - Allahabad
Court Interventions and Writ Jurisdiction - When civil or revenue proceedings are pending, courts generally refrain from interfering unless necessary, especially if a question of law or possession is involved. Writ petitions are not typically entertained to interfere with revenue actions where proper legal processes are being followed. Jogendra Singh VS State of M. P. - Madhya Pradesh, Brijesh Garg vs Nagar Palika Parishad Shivpuri - Madhya Pradesh, Divakar R. Dalvi, s/o of late Raghoba Dalvi VS Deputy Collector & SDO, Bicholim - Bombay
Impact of Civil and Revenue Disputes on Proceedings - The existence of ongoing civil suits or appeals can influence revenue actions, but these proceedings do not automatically halt revenue processes unless a specific legal requirement is met. Revenue authorities may suspend proceedings if a court order or civil suit raises questions of title or possession. Nagjiram VS Mangilal - Madhya Pradesh, Divakar R. Dalvi, s/o of late Raghoba Dalvi VS Deputy Collector & SDO, Bicholim - Bombay, Bhola Ram VS Board Of Revenue U. P. - Allahabad
Conclusion - Pending civil suits related to land or property do not inherently prohibit revenue authorities from continuing their proceedings. However, when disputes involve ownership or possession, authorities are expected to pause and defer to civil courts. Courts advocate for respecting civil litigation to ensure proper adjudication of rights, and revenue actions should align with judicial determinations to maintain legal integrity.
suit is pending, ipso facto, it will not entitle a party to approach the High Court under Article 226 of the Constitution in view ... Pattadar Pass Books Act 1971 - Section 9 – Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 - Section 50-B -Revenue ... Such right, therefore, does not get affected merely because of pendency of any civil suit before any Court. ... However, contentions on title/ownership and possession are left to be agitated in pending ....
except that the proceedings before the revenue authorities become abortive. ... [Para 8 ... On ultimate analysis it must be held that the Revenue authorities ... given by the revenue authority. ... All that the Revenue authority can do is to tell the parties that since a question of title is raised, it would not proceed with the partition proceedings. The Revenue authority must stop on that paint and leave the part....
of India -- Art. 226 -- exercise of powers under -- partition order passed under section 178 of Code -- appeal under section 44 pending ... section 178 of Code -- appeal under section 44 pending before Sub-Divisional Officer -- no interference called for in writ jurisdiction ... Land Revenue Code, 1959, Ss. 178 and 44 -- interference in writ jurisdiction -- when not required -- partition order passed under ... All that the Revenue authority can do is to tell the parties that since a question of title is raised, it would ....
all stakeholders, including the stall owners, to be part of the proceedings to ensure the right to livelihood is preserved. ... (Paras 14, 19) ... ... (C) Role of parties in a civil suit - The court noted the necessity for ... ... ... Issues: The court addressed whether the plaintiff had a legal right to stop the defendant's construction based on ownership ... A case for mutation of name of plaintiff, after the death of his mother, is pending with the defendant for the last several years. Smt. ... d....
Maharashtra Land Revenue Code, 1966 - Maharashtra Provincial Municipal Corporation Act, 1949 - Sections ... also take appropriate steps as permitted so as to deal with a situation when petitioner or occupiers despite being locked in a pending ... certificate or when part or full occupation certificate is sought - At that time Municipal Corporation expects that there ought to be no pending ... Be that as it may, the record indicates that the fifth respondent has filed a civil suit, being Civil#....
Goa Daman and Diu Land Revenue Code, 1968 - Section 61, (2), 199(2) - Madhya Pradesh Land Revenue Code, ... impugned order was justified in keeping proceedings in abeyance until parties obtained an order from a competent Court of law - ... 1959 - Section 178 - Goa, Daman and Diu Land Revenue (Partition of Holdings) Rules, 1969 - Rule 2 - Land Acquisition Act, 1894 - ... stop the proceedings. ... The Revenue authority must stop on th....
Pending applications, if any, stand disposed of." 11. ... It is true that the observation was made in the context of contempt of court proceedings, but the view expressed must be generally endorsed to preserve the purity of judicial proceedings. Para 15 of said judgment is excerpted here-in-below: “15. ... In case, the cost is not deposited by the applicant within the stipulated period, the same shall be recovered from him as arrears of land revenue. ... If the result of the proceedings#HL_EN....
P.C. even if dispute concerning the plots of land was pending disposal in the civil court? ... and Revenue courts. ... P.C. to initiate proceedings and order of attachment and appoint receiver under section 146 Cr. ... Since civil and revenue litigation between the parties regarding the same property was pending (which even at present is pending at the stage of Writ Petition in the High Court) the learned Magistrate had no jurisdiction to initiate #H....
reappraise the evidence and reverse the finding on the question of possession recorded by the additional commissioner and the board of revenue ... reappraise the evidence and reverse the finding on the question of possession recorded by the additional commissioner and the board of revenue ... suit between the parties. ... The defendants 1 to 5 feeling aggrieved went up in appeal before the civil judge which was, however, dismissed on 19-11-60. During the pendency of the civil appeal it appears that cons....
ORDER : The petitioners are before this Court calling in question registration of crime in Crime No.172 of 2019 on 16-07-2019 for offences punishable under Sections 66C and 72A of the Information Technology Act, 2000 and Sections 406, 420 and 34 of the IPC and pending ... It becomes germane to notice the Circulars issued by Government of India in the Department of Revenue of the Central Board of Excise and Customs with regard to the export procedure and sealing of containerized cargo from time to time. ... The present petition is preferred on the ground t....
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