Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land laws - UP Consolidation of Holdings Act~ s.5(c)(ii) - Permission of Settlement Officer (Consolidation) under. if required before sale of this suit property |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land laws - UP Consolidation of Holdings Act~ s.5(c)(ii) -Permission of Settlement Officer (Consolidation) under. if required.before sale of this suit property - Held: The intention of introducing s.5(c)(ii) was that if the land holding is subject to consolidationproceedings then permission of Settlement Officer (Consolidation)is required before the same is transferred - This is so because if theland, which is subject matter of consolidation proceedings, is soldor permitted to be transferred during consolidation proceedings, itcould affect the entire consolidation scheme - However. admittedly, the suit property was used as 'Abadi' land and was declared"Chakout" and thus~ outside the purview of the consolidationscheme - Hence, no permission of the Settlement Officer(Consolidation) was required to sell t~e suit property in question.Review- Scope of- Held: If a court finds that it has committed an error which is apparent on the face of record and that error ispointed out to it in a review petition, there is nothing which preventsthe court from correcting the error - In the instant case, the SingleJudge of High Court did not take into consideration the arguments •.raised that suit property was· 'chakout' and therefore, was not part of the consolidation scheme - Therefore, the Single Judge wasjustified in reconsidering the matter. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2017 INSC 741 |
Petitioner | Suraj Pal (d) Thr. Lr. |
Respondent | Ram Manorath & Ors. |
SCR | [2017] 8 S.C.R. 595 |
Judgement Date | 2017-08-11 |
Case Number | 5883 |
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