Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Himachal Pradesh Ceiling on land Holdings Act 1972 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Himachal Pradesh Ceiling on land Holdings Ac/, 1972-Sections 9(2) and 10-Himachal Pradesh Tenancy and Land Reforms Act, 1972-Collector declaring that appellant had surplus area, in the absence of any objections from the appellant-Writ Petition challenging the order dismissed by High Court-Correctness of the order made by Collector challenged a/mos/ after 14 years before the Commissioner and not within the stipulated 60 days-On remands, Collector dismissed the appeal applying the principle of res judicata referring to the order made in the writ petition-Writ petition before High Court dismissed-Held, The High Court having decided the question of surplus area in !he earlier writ petition the Division Bench of High Court was right in dismissing the subsequent petition-It was not open to the appellant to reagitate the matter as to the surplus area before the Collector or the Commissioner or before the High Court in the subsequent writ petition-- Argument that no opportunity of hearing was given to appellant has no substance-If the appellant was not the excess holder, nothing prevented him from justifying the same by filing objections before the Collector-It is a clear case of not availing of the opportunity given-Administrative law~Principles of natural justice. |
Judge | Hon'ble Mr. Justice Shivaraj V Patil |
Neutral Citation | 2004 INSC 68 |
Petitioner | Lacchman Singh |
Respondent | State Of H.p. And Ors. |
SCR | [2004] 1 S.C.R. 1192 |
Judgement Date | 2004-01-29 |
Case Number | 3486 |
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