Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 15(b) Orissa Survey and Settlement Act 1958 : ss. 12 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Orissa Survey and Settlement Act, 1958 (3 of 1959) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Orissa Survey and Settlement Act, 1958 : ss. 12, 15(b) – Finalpublication of record of rights – Revision of record of rights –Respondent claimed to have right over certain land – Record ofrights finalised in the year 1962 – Appeal by the respondents beforethe Settlement Officer in the year 1990 – Though appeal was notmaintainable, however, the Settlement officer decided the same anddirected the respondent to raise their claim before the GeneralAdministrative Department-GAD – Till then, said land alreadyallotted to Reserve Bank of India-RBI by the GAD – Respondentsalleged non-consideration of their objections during the course ofsettlement – After thirteen years, the respondent filed suit claimingownership on the basis of adverse possession – However, suitdismissed as withdrawn without granting liberty to file fresh suit –Writ petition by the respondents challenging the allotment of landto RBI, claiming allotment of land equivalent to the land given toRBI – Disposal of the writ petition without granting any relief –However, the Division Bench set aside the record of right finalisedin 1962 and directed to allot a suitable plot in exchange of stitibanland of the respondent – On appeal held: There was huge delay onthe part of the respondents to avail the appropriate remedy – Writpetition, which is the subject matter of dispute, was filed after 46years of the finalisation of record of rights, which was highly belated– Thus, respondents not entitled to any relief.Writ petition: Maintainability of, when the civil suit filed forsame relief was withdrawn without liberty to file fresh one andconcealment of material facts from the Court – Held: On theapplication of principle of constructive res judicata, the writ petitionfiled by the respondents after withdrawal of the civil suit was notmaintainable as no liberty was granted – In case still filing of writpetition was to be justified, at least complete facts need to be disclosed for the purpose, which were missing – In the writ petitionthere was no mention regarding filing of civil suit earlier for thesame relief and withdrawal thereof – A litigant can be non-suited incase he is found guilty of concealing material facts from the courtor mis-stating the same – Thus, the respondents not entitled to anyrelief.Delay and laches: Final publication of record of rights – Delayin availing the remedies thereagainst – Writ petition to claim relieffiled after 46 years of finalisation of record of rights – Entitlementto relief – Held: Not entitled – There was huge delay on the part ofthe respondents to avail of the appropriate remedy against the finalpublication of record of rights.Government orders: Inter-departmental communications –Official notings in the file – Reliance upon – Held: Interdepartmentalcommunications are merely in the process ofconsideration for an appropriate decision – Reliance cannot beplaced upon as a basis to claim any right – Mere notings in the filedo not amount to an order unless it is communicated to a party,thus, no right accrues – On facts, no order passed by the Governmentand conveyed to the party for allotment of any land, thus, no reliefadmissible to them solely relying on the official notings. |
Judge | Hon'ble Mr. Justice Rajesh Bindal |
Neutral Citation | 2023 INSC 619 |
Petitioner | State Of Orissa & Anr. |
Respondent | Laxmi Narayan Das (dead) Thr. Lrs & Ors. |
SCR | [2023] 10 S.C.R. 1049 |
Judgement Date | 2023-07-12 |
Case Number | 8072 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |