ASHIM RANJAN DAS (D) BY LRS. versus SHIBU BODHAK & ORS.

ASHIM RANJAN DAS (D) BY LRS. versus SHIBU BODHAK & ORS.

The Tribunal's decision directing restoration of land and cancellation of pattas was invalid as the respondents (patta holders) were not given an opportunity of hearing, in violation of principles of natural justice. The matter was correctly remitted for proper adjudication after such hearing.

Parties
Appellant: Ashim Ranjan Das (D) by LRS.; Respondent: Shibu Bodhak; Respondent: Tapan Malik
Jurisdiction
India
Judgment Date
05 April 2018
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Vesting of Intermediaries' Rights, Mutation of Land Records, Land Reforms, Natural Justice, Cancellation of Pattas
Property Law Vesting of Intermediaries' Rights Mutation of Land Records Land Reforms Natural Justice Cancellation of Pattas

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Parties

Ashim Ranjan Das (D) by LRS.

Appellant

Shibu Bodhak

Respondent

Tapan Malik

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether the cancellation of pattas given to respondents without hearing them was valid
  2. 2 Whether the appellant is entitled to mutation and restoration of land based on prior High Court orders

Ratio Decidendi

The Tribunal's decision directing restoration of land and cancellation of pattas was invalid as the respondents (patta holders) were not given an opportunity of hearing, in violation of principles of natural justice. The matter was correctly remitted for proper adjudication after such hearing.

Court Disposition

Appeal dismissed

Orders

  • Matter remitted to Appellate Tribunal for adjudication after giving opportunity to respondents
  • Parties to bear their own costs