MAHANT LALITA SHARANJI versus DEOKI DEVI & ANR.
The appellant was entitled to challenge the order of the Settlement Officer, Consolidation as the subsequent allotment and shifting of bachat land virtually nullified the earlier order and deprived him of access to the road. The High Court erred in holding otherwise, as a fresh cause of action arose from the altered allotment.
- Parties
- Appellant: Mahant Lalita Sharanji; Respondent: Deoki Devi; Respondent: Gaon Sabha
- Jurisdiction
- India
- Judgment Date
- 16 February 2018
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Consolidation Proceedings, Allotment of Land, Right to Challenge Orders, Bachat Land
Case Brief
Summary, issues, holding and outcome
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Parties
Mahant Lalita Sharanji
Appellant
Deoki Devi
Respondent
Gaon Sabha
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Legal Issues
- 1 Whether the appellant was entitled to challenge the order of the Settlement Officer, Consolidation affecting his access to the road despite not objecting in original proceedings
- 2 Whether a fresh cause of action arose due to subsequent allotment of land and shifting of bachat land
Ratio Decidendi
The appellant was entitled to challenge the order of the Settlement Officer, Consolidation as the subsequent allotment and shifting of bachat land virtually nullified the earlier order and deprived him of access to the road. The High Court erred in holding otherwise, as a fresh cause of action arose from the altered allotment.
Court Disposition
Appeal allowed
Orders
- Order of the High Court is set aside
- Order passed by the Deputy Director, Consolidation is restored
Full Case Text
Judgment text and source record
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