Friday, December 23, 2011
No Revenue Authority can ignore even a Kaccha Entry : Gujarat High Court
While adjudicating SPECIAL CIVIL APPLICATION No. 12060 of 2011 with SPECIAL CIVIL APPLICATION No. 12061 of 2011, the HON. MR.JUSTICE S.R.BRAHMBHATT has recently ruled and observed that " The question arises as to whether the District Collector was justified in ignoring the Kachha entry and issuing the notice only to the original vendor. The cancellation of that entry has direct nexus and adverse impact upon the holding in question. Therefore, when the rights of parties are infringed on account of any action, even if it is administrative action, the notice is required to be issued to the party concerned, who is likely to be affected. On this principle alone without opining upon the merits of the order of the Collector, the order is quashed and set aside. The Court reiterate at the cost of repetition that the Court has not opined about the merit of passing the order of cancelling the entry no. 68. However, the order is required to be quashed only on account of the fact that the present petitioners whose names are there in the form of Kachha entries were not heard and they were likely to be affected."
Subscribe to:
Post Comments (Atom)
Popular Posts on our Law Office Blogs
-
" If the land owners are not paid and compensated within two years after the declaration of the acquisition of the proposed land, the w...
-
While adjudicating **Pinakin Rawal v/s State of Gujarat CR.APPEAL NO.811/2004]****the Hon'ble Supreme Court has observed in its landmark...
-
Powered by www.kartikey.com ::::: A Law Office of India, pioneering the online concept of free legal aid and laws consultation through E-L...
-
While applying the ratio, laid down by the Hon. Supreme Court, in the case of Ashokbhai Jivraj @ Jivabhai Solanki v. Police Commissioner, Su...
-
A division bench of the Gujarat High Court, comprising Acting Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala, has observed las...
-
Why does there exist typical difference in respect of forum for trial of certain offences like those under sections 326, 409, 466, 467, 468,...
-
On the eve of Dipavali...it is a rising of a new dawn...with a hope of a happy and prosperous New year, We extend our cordial wishes to all ...
-
Recently, the Supreme Court of India has pronounced a landmark judgment, while adjudicating and dismissing writ petition lodged by Bar Coun...
-
While exercising Criminal Appellant Jurisdiction in the matters of CRIMINAL APPEAL NO.305 OF 2013,moved by appellants Mr. Surender Kaushik a...
-
Recently yesterday, the Hon'ble Apex Court of India has reconfirmed the Rules and Laws about the Admissions of a party while adjudicatin...
No comments:
Post a Comment