STATE OF U.P. & ORS. versus ROSHAN SINGH (DEAD) BY LRS. & ORS.

STATE OF U.P. & ORS. versus ROSHAN SINGH (DEAD) BY LRS. & ORS.

Provisions of Section 151 CPC are unavailable where there is an express remedy; as the tenure-holder failed to avail the appeal under Section 12 of the U.P. Imposition of Ceiling on Land Holdings Act, the High Court order cannot be sustained.

Parties
Appellant: State of U.P. & Ors.; Respondent: Roshan Singh (Dead) by LRs. & Ors.
Jurisdiction
India
Judgment Date
16 January 2008
Procedural Posture
Civil Appeal / Appeal From Final Judgment and Order Dated 13.11.2002 of the Allahabad High Court
Outcome
Appeals allowed; High Court orders set aside.
Legal Topics
Section 151 CPC – Inherent Powers, U.p. Imposition of Ceiling on Land Holdings Act, 1954, Alternative Remedy, Ceiling Proceedings, Consolidation Proceedings
Civil Procedure Land Law Section 151 CPC – Inherent Powers U.p. Imposition of Ceiling on Land Holdings Act, 1954 Alternative Remedy Ceiling Proceedings Consolidation Proceedings

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Parties

State of U.P. & Ors.

Appellant

Roshan Singh (Dead) by LRs. & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Final Judgment and Order Dated 13.11.2002 of the Allahabad High Court

Legal Issues

  1. 1 Whether Section 151 CPC can be invoked when an alternative statutory remedy exists under the U.P. Imposition of Ceiling on Land Holdings Act, 1954.
  2. 2 Whether the High Court erred in allowing the writ petitions based on Section 151 CPC despite the availability of appeal under Section 12 of the Act.

Ratio Decidendi

Provisions of Section 151 CPC are unavailable where there is an express remedy; as the tenure-holder failed to avail the appeal under Section 12 of the U.P. Imposition of Ceiling on Land Holdings Act, the High Court order cannot be sustained.

Court Disposition

Appeals allowed; High Court orders set aside.

Orders

  • Orders of the High Court impugned in these appeals are set aside.
  • Appeals allowed without order as to costs.