Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Lok Ayukta |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration:Whether the Lok Ayukta has jurisdiction to issue positive directionsfor correction of revenue records.Kerela Lok Ayukta Act, 1999 – s. 12 – Reports of Lok Ayukta– Jurisdiction of Lokayukta – Directions by Upa-Lokayuktafor correction of revenue recordsHeld: s. 12 provides that in case Lokayukta or Upa Lokayukta issatisfied with any action or inaction of the party which has resultedin injustice or undue hardship to the complainant, it shall by a reportin writing, recommend to the competent authority to remedy suchinjustice or hardship – On facts, the writ Petition was filed by theAdditional Tahsildar against an order of the Upa Lokayukta that haddirected the correction of revenue records of the property of thecomplainant – Direction issued by the Upa Lokayukta for correction ofthe revenue records which was upheld by the High Court, goes totallybeyond the jurisdiction of the Lokayukta – Nothing on record to showthat the complainant had either availed of any appropriate remedyagainst the Communication vide which the request for rectification ofrecord was rejected or any other appropriate remedy for correctionthereof – Thus, the order passed by the High Court, as well as theUpa Lokayukta not legally sustainable and is set aside. [Para 11-13] |
Judge | Hon'ble Mr. Justice Rajesh Bindal |
Neutral Citation | 2023 INSC 1044 |
Petitioner | Additional Tahsildar & Anr |
Respondent | Urmila G. & Ors. |
SCR | [2023] 13 S.C.R. 1090 |
Judgement Date | 2023-11-30 |
Case Number | 7938 |
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