RAM KUMAR AND ANR. versus STATE OF RAJASTHAN AND ORS.

RAM KUMAR AND ANR. versus STATE OF RAJASTHAN AND ORS.

Where a public officer is impleaded only for the purpose of delivery of possession, and no act done by him in his official capacity is challenged or sought to be set aside, notice under Section 80 CPC to such officer is not required; service of notice to the State Government through District Collector suffices.

Parties
Appellant: Ram Kumar; Appellant: Rajendra Kumar; Respondent: State of Rajasthan; Respondent: District Collector, Sriganganagar; Respondent: District Education Officer, Hanumangarh
Jurisdiction
India
Judgment Date
29 September 2008
Procedural Posture
Civil Appeal / Appeal Against High Court Order in S.b. Civil Revision Petition No. 480 of 1994 and S.b. Civil Defect Case No. 1788 of 1998
Outcome
Appeal partly allowed
Legal Topics
Notice Under Section 80 CPC, Requirement for Public Officer, Recovery of Possession, Suit Maintainability
Civil Procedure Land Acquisition Notice Under Section 80 CPC Requirement for Public Officer Recovery of Possession Suit Maintainability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ram Kumar

Appellant

Rajendra Kumar

Appellant

State of Rajasthan

Respondent

District Collector, Sriganganagar

Respondent

District Education Officer, Hanumangarh

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Order in S.b. Civil Revision Petition No. 480 of 1994 and S.b. Civil Defect Case No. 1788 of 1998

Legal Issues

  1. 1 Whether service of notice under Section 80 CPC to respondent No. 3 (District Education Officer) was required for maintainability of the suit
  2. 2 Whether the order recalled by District Collector and subsequent possession delivery to Education Officer required Section 80 notice
  3. 3 Whether only consequential relief sought requires notice to Education Officer

Ratio Decidendi

Where a public officer is impleaded only for the purpose of delivery of possession, and no act done by him in his official capacity is challenged or sought to be set aside, notice under Section 80 CPC to such officer is not required; service of notice to the State Government through District Collector suffices.

Court Disposition

Appeal partly allowed

Orders

  • Impugned High Court order set aside.
  • Order of trial court holding that suit was maintainable without service of notice under Section 80 CPC to District Education Officer is restored.