Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Special Assistance to Disabled Ex-Servicemen and Dependants of Deceased Defence Personnel (Allotment of Lands) Rules 1963 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rajasthan Special Assistance to Disabled Ex-Servicemen and Dependants of Deceased Defence Personnel (Allotment of Lands) Rules, 1963 – Right claimed on the basis of inter-departmental communication – Impermissibility of – Claim of the writ petitioner raising grievance that the possession of the land allotted was not handed over to her husband (disabled ex-serviceman-since deceased) or to her, allowed by High Court – On appeal, held: The basis of the claim of the writ petitioner is a letter written by the Secretary of the Soldier Welfare Department to the District Collector, Udaipur on 19.03.71 for allotment of land – Inter-departmental communications are in the process of consideration for appropriate decision and cannot be relied upon as a basis to claim any right – Thus, inter-departmental communication dtd. 19.03.71 cannot be treated to be a letter of allotment – Further, writ petitioner’s husband died on 17.07.98 – He had not taken any action for almost 27 years after the so-called letter of allotment during his life time – Writ petitioner was appointed at the office of Director General of NCC and thereafter, the process of possession was initiated by her – Still further, the alternative land was allotted to the writ petitioner on the strength of the interim orders passed by the Court from time to time calling upon the officers of the State in Court – Manner in which the matter has been dealt with by the High Court under the guise of help to disabled ex-serviceman is unwarranted – Writ petition filed by the writ petitioner is misconceived, mischievous with collateral motives and may be having the patronage of the officers/officials – Order passed by High Court set aside. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2022 INSC 888 |
Petitioner | Mahadeo & Ors |
Respondent | Smt. Sovan Devi & Ors |
SCR | [2022] 11 S.C.R. 153 |
Judgement Date | 2022-08-30 |
Case Number | 5876 |
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