Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1952. Andhra Pradesh (Telangana Area) Atiyat Enquiries Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Remedy:Appropriate remedy - Claim by appellant to the title ofproperty in question - On his as well as on behalf of 203 others,claiming to be legal heir of the owner of the property- Claim basedon order dated 15.02.1954 passed by Atiyat Court which wasfimherapproved by Revenue Minister - By order dated 15.04.2002, theclaim was rejected by Revenue Department - By subsequent Memodated 06.05.2004, order dated 15.04.2002 was withdrawn anddirected to instruct the authorities concerned to implement the ordersofAtiyat Court- Memo dated 31.07.2004 reiterated the Memo dated06.05.2004 - Thereafter, Memo dated 21.05.2005 and Order dated .06.06.2005 concluded interalia that the successors of the propertyin question were entitled only to commutation amounts and that theissue was finally decided by the order dated 15.04.2002 and thesubsequent orders dated 06.05.2004 and 31.07.2004 were withoutjurisdiction and competence - Subsequently Urban andDevelopment Authority issued tenders in re.~pect of land in question-Appellant filed writ petition challenging the tenders and seekingdeclaration that the Authority had no right in the property - Petitionwas dismissed by Single Judge as well as Division Bench of High .Court in writ appeal - Jn Supreme Court, the appellant (writpetitioner) withdrew the petition with liberty to pursue the"appropriate remedy" - Thereafter, several writ petitions were filedbefore High Court seeking the same relief and were tagged withanother writ petition earlier filed b.'v the appellant - Single' Judgeinvalidated the memo dated 21.05.2005 on the ground that is wasin violation of principles of natural justice and directing theGovernment to reconsider the issue after affording an opportunityof hearing - The order of Single Judge was challenged by the State,but not py the appellants/petitioners as against the part of the judgment which rejected the substantive reliefs sought by theĀ·appellants/petitioners - Writ appeal was allowed by Division Benchof High Court - On appeal, held: The appellant after havingwithdrawn his writ petition, could not have taken recourse to anotherwrit petition on the same facts and grounds - Another writ petitioncould not be called "appropriate remedy" and taking recourse to itwould constitute an abuse of the process of Court - Appellant hasalso failed to establish that he was authorised to prepresent thecase of 203 legal heirs - Other petitioners/claimants also failed toestablish the basis of their claims - Single Judge as well as theDivision Bench had not adjudicated upon the merits of the case,hence the appellants cannot rake up the issues which were notdecided by courts below - Even the writ petition challenging memodated 21. 05.2005 was not maintainable - Andhra Pradesh(Telangana Area) Atiyat Enquiries Act, 1952. |
Judge | Honble Mr. Justice S.M. Sikri |
Neutral Citation | 2017 INSC 995 |
Petitioner | Ksb Ali |
Respondent | State Of Andhra Pradesh & Ors. |
SCR | [2017] 12 S.C.R. 698 |
Judgement Date | 2017-10-04 |
Case Number | 15571-15572 |
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