PARASHRAM THAKUR DASS & OTHERS versus RAM CHAND S/O SHRI RADHUMAL & OTHERS

PARASHRAM THAKUR DASS & OTHERS versus RAM CHAND S/O SHRI RADHUMAL & OTHERS

The State Government could not allot the plots to the appellants without recording reasons in writing for dispensing with public auction and without considering the claims of other applicants; the grant made in favour of the appellants was contrary to law and rightly quashed by the High Court.

Parties
Appellants: Parashram Thakur Dass & Others; Respondents: Ram Chand S/o Shri Radhumal & Others; Respondents: Respondents Nos. 17-19
Jurisdiction
India
Judgment Date
17 February 1982
Procedural Posture
Civil Appeal / Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Allotment of Nazul Land, Displaced Persons, Public Auction, Leasehold Rights
Land Law Allotment of Nazul Land Displaced Persons Public Auction Leasehold Rights

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Parties

Parashram Thakur Dass & Others

Appellants

Ram Chand S/o Shri Radhumal & Others

Respondents

Respondents Nos. 17-19

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether the State Government could allot nazul plots without public auction and without considering claims of all applicants
  2. 2 Whether reasons for not holding auction must be recorded in writing as per Madhya Pradesh Land Revenue Code and Rules

Ratio Decidendi

The State Government could not allot the plots to the appellants without recording reasons in writing for dispensing with public auction and without considering the claims of other applicants; the grant made in favour of the appellants was contrary to law and rightly quashed by the High Court.

Court Disposition

Appeal dismissed

Orders

  • The order granting plots to the appellants is quashed.
  • State Government is directed to consider the several claims for allotment of land.