ABDUL RAHMAN Vs. PRASONY BAI
LAWS(SC)-2002-11-33
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on
November 20,2002
ABDUL RAHMAN
Appellant
VERSUS
PRASONY BAI
Respondents
Referred Judgements :-
JOHNSON V. GORE WOOD [REFERRED TO]KHUSHRO S GANDHI VS. N A GUZDER [REFERRED TO]
STATE OF UTTAR PRADESH VS. AMAR SINGH [REFERRED TO]
BALWANTSINGH VS. DAULAT SINGH [REFERRED TO]
Cited Judgements :-
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DOSHI MOTORS PRIVATE LIMITED VS. THE COMMERCIAL TAX OFFICER [LAWS(APH)-2014-8-68] [REFERRED TO]
A. KANAKALATHA VS. M SHYAM SUNDAR [LAWS(APH)-2018-7-77] [REFERRED TO]
K VENKATA PRASAD VS. M SHAHNAZ ANANTAPUR DISTRICT [LAWS(APH)-2010-3-105] [REFERRED TO]
B S ASHOK AND ORS VS. BOWRING INSTITUTE AND ORS [LAWS(KAR)-2013-9-548] [REFERRED]
ABHIJIT BANERJEE VS. PRADIP KR DUTTA [LAWS(CAL)-2010-2-7] [REFERRED TO]
RAM SUKH SHARMA VS. K.D.A. [LAWS(ALL)-2010-2-290] [REFERRED TO]
RAJEEV KUMAR VS. STATE OF U P [LAWS(ALL)-2005-12-7] [REFERRED TO]
INDER RAJ AGARWAL VS. UNION OF INDIA [LAWS(APH)-2015-4-77] [REFERRED TO]
T NARAYANA VS. RANGASWAMY [LAWS(KAR)-2013-7-42] [REFERRED TO]
SABITA RAJESH NARANG VS. SANDEEP GOPAL RAHEJA [LAWS(BOM)-2023-4-250] [REFERRED TO]
CANDRAWATI VS. BOARD OF REVENUE UP [LAWS(ALL)-2010-7-118] [REFERRED TO]
SOHAN LAL VS. RAM BUX (DEAD) L.RS. [LAWS(RAJ)-2021-3-196] [REFERRED TO]
SATHYANATH VS. SAROJAMANI [LAWS(SC)-2022-5-27] [REFERRED TO]
ORISSA BINDERS WELFARE SOCIETY VS. STATE OF ORISSA AND 3 ORS. [LAWS(ORI)-2008-8-138] [REFERRED TO]
RAM CHAND VS. BHOPAL SINGH [LAWS(P&H)-2018-11-27] [REFERRED TO]
ARSIYA BANO VS. STATE OF U.P. [LAWS(ALL)-2022-7-139] [REFERRED TO]
BOBBY ANAND @ YOGESH ANAND VS. STATE OF U.P. [LAWS(ALL)-2023-5-9] [REFERRED TO]
RAJU GROVER VS. KALATI CONSTRUCTIONS (P.) LTD. [LAWS(CL)-2014-10-1] [REFERRED TO]
OM PRAKASH VS. PRAKASH CHAND [LAWS(ALL)-2004-7-102] [REFERRED TO]
Arathi Narayan D/o. Late Mr. M.D. Narayan W/o. Dr. Alok Choudhary VS. Mr. M.D. Balakrishna S/o. Late Mr. M.S. Dyavegowda and others [LAWS(KAR)-2009-8-102] [REFERRED TO]
SUNIL KUMAR VS. STATE OF HARYANA [LAWS(SC)-2012-3-28] [REFERRED TO]
KANHAIYA LAL SAINI VS. OM PRAKASH SAINI [LAWS(RAJ)-2020-8-47] [REFERRED TO]
TILK RICE VS. DGM UNION BANK OF INDIA [LAWS(ORI)-2008-9-4] [REFERRED TO]
UTTAM PRASAD GUPTA VS. ORRISSA STATE FINANCIAL CORPOATION [LAWS(ORI)-2009-4-9] [REFERRED TO]
COMPETENT AUTHORITY VS. DAVID MANTOSH [LAWS(CAL)-2011-8-136] [REFERRED TO]
RADHEY SHYAM VS. STATE OF U.P. [LAWS(ALL)-2017-7-77] [REFERRED TO]
S.K. MEHROTRA VS. LUCKNOW DEVELOPMENT AUTHORITY [LAWS(ALL)-2017-5-42] [REFERRED TO]
MRITUNJAY KUMAR NAND VS. UNION OF INDIA [LAWS(ALL)-2022-5-209] [REFERRED TO]
NARESH KUMAR VS. STATE OF U P [LAWS(ALL)-2009-4-216] [REFERRED TO]
BABU LAL VS. DIRECTOR OF INCOME-TAX [LAWS(ALL)-2005-3-274] [REFERRED TO]
JITENDRA KUMAR GUPTA VS. U P POWER CORPORATION LTD [LAWS(ALL)-2003-4-238] [REFERRED TO]
SUDAM MANGU PATIL VS. SINDURNI SAHAKARI KHAREDI VIKRI VA GINNING PRESSING SOCIETY LTD [LAWS(BOM)-2008-2-74] [REFERRED TO]
RAMESHWAR SINGH SON OF LATE RAGHUNATH SINGH VS. STATE OF BIHAR THROUGH THE COLLECTOR, THE DISTRICT MAGISTRATE-CUM-COLLECTOR, THE DISTRICT WELFARE OFFICER AND THE GENERAL MANGER, CANARA [LAWS(PAT)-2010-4-696] [REFERRED TO]
IQBAL SINGH VS. A SUDHAKARA RAO [LAWS(APH)-2004-2-132] [REFERRED TO]
SUSHANTA KAR VS. GANESH CHAKRABORTY [LAWS(GAU)-2015-5-2] [REFERRED TO]
SUDARSAN SAHOO VS. STATE OF ORISSA AND ORS. [LAWS(ORI)-2009-3-97] [REFERRED TO]
SANJIV RAJENDRA BHATT VS. STATE OF GUJARAT [LAWS(GJH)-2021-8-90] [REFERRED TO]
SAJU LADU PALKAR VS. JOAQUIM ROSARIO DSOUZA [LAWS(BOM)-2012-2-241] [REFERRED TO]
NIRANJAN LAL VS. BOARD OF REVENUE [LAWS(ALL)-2005-4-177] [REFERRED TO]
LAL HARSH DEO NARAIN SINGH VS. STATE OF U P [LAWS(ALL)-2004-8-292] [REFERRED TO]
ZULFIKAR AHMAD VS. KHURSHIDA BEGUM [LAWS(ALL)-2011-3-123] [REFERRED TO]
PUNJAB BEEJ BHANDAR VS. KUMAR FERTILIZERS [LAWS(P&H)-2008-9-74] [REFERRED TO]
SAMSAR ALI VS. SECRETARY, INDIAN COUNCIL OF AGRICULTURE AND RESEARCH & OTHERS [LAWS(ORI)-2017-5-83] [REFERRED TO]
NUSLI NEVILLE WADIA VS. IVORY PROPERTIES [LAWS(SC)-2019-10-22] [REFERRED TO]
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VOL : 1; SUNNI CENTRAL BOARD OF WAQFS AND ORS VS. GOPAL SINGH VISHARAD AND ORS [LAWS(ALL)-2010-9-626] [REFERRED]
MAUNI VS. KRISHNA KUMARI [LAWS(ALL)-2014-8-225] [REFERRED TO]
PREM LATA NIGAM VS. LUCKNOW DEVELOPMENT AUTHORITY [LAWS(ALL)-2017-7-69] [REFERRED TO]
HARI SHANKAR BAR & RESTAURANT VS. INDIAN BANK, KAKATIYA NAGAR BRANCH [LAWS(APH)-2015-4-107] [REFERRED TO]
AVINASH MOHAN VS. STATE OF U P [LAWS(ALL)-2008-4-71] [REFERRED TO]
MISS MEERA SHARMA VS. JAGJIT SINGH [LAWS(P&H)-2006-12-45] [REFERRED TO]
INSTITUTE OF HUMAN BEHAVIOUR AND ALLIED SCIENCES VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2012-3-143] [REFERRED TO]
DR. ASHOK NIGAM VS. LUCKNOW NAGAR NIGAM [LAWS(ALL)-2017-7-212] [REFERRED TO]
RAM SUKH SHARMA VS. KANPUR DEVELOPMENT AUTHORITY [LAWS(ALL)-2011-2-2] [REFERRED TO]
BALBHADRA PANDEY VS. GENERAL MANAGER N INDIAN TELEPHONE INDUSTRIES [LAWS(ALL)-2005-2-203] [REFERRED TO]
JITENDERA KUMAR GUPTA VS. U P POWER CORPORATION LTD [LAWS(ALL)-2003-4-84] [REFERRED TO]
ICDS LTD., MANIPAL VS. TRUCTZSHLER INDIA PRIVATE LIMITED [LAWS(KAR)-2020-12-105] [REFERRED TO]
SUN PHARMACEUTICALS LIMITED VS. STATE OF TELANGANA [LAWS(APH)-2016-4-47] [REFERRED TO]
P. PARAMESHWAR REDDY VS. THE STATE OF TELANGANA AND ORS. [LAWS(APH)-2015-8-9] [REFERRED TO]
JUGAL KISHORE LOYA VS. HANUMAN PRASAD SONI [LAWS(APH)-2005-7-1] [REFERRED TO]
RAMAKANTA MISHRA VS. UNITED COMMERCIAL BANK [LAWS(ORI)-2009-4-4] [REFERRED TO]
SRI JENAMANI SHAILENDRA KR. RAY VS. ORISSA STATE FINANCIAL CORPORATION AND 2 ORS. [LAWS(ORI)-2008-9-97] [REFERRED TO]
HARI SINGH @ LEELY AND OTHERS VS. MEWA SINGH AND OTHERS [LAWS(P&H)-2012-3-160] [REFERRED TO]
SURINDER MOHAN VS. PRITAM KAUR AND ANOTHER [LAWS(P&H)-2009-4-424] [REFERRED TO]
SABDAL SINGH AND ORS. VS. SHIVRAJ SINGH THAKUR AND ORS. [LAWS(MPH)-2015-8-123] [REFERRED TO]
SMT. NIRMALA BAJAJ AND ANOTHER VS. SMT. INDIRA NAYAK AND OTHERS [LAWS(MPH)-2018-6-104] [REFERRED TO]
A KANAKALATHA VS. M S SUNDHAR DIED PER LRS [LAWS(TLNG)-2018-7-1] [REFERRED TO]
KARUNA DEVI VS. ASHOK CHOUDHARY [LAWS(PAT)-2007-7-54] [REFERRED TO]
UNION OF INDIA VS. RAVINDRA KUMAR SINGH [LAWS(ALL)-2019-9-164] [REFERRED TO]
ARUN KUMAR JAIN VS. STATE OF U.P. [LAWS(ALL)-2020-2-231] [REFERRED TO]
GAGAN SHARMA VS. STATE OF U. P. [LAWS(ALL)-2022-4-218] [REFERRED TO]
BRANCH MANAGER ORIENTAL INSURANCE CO LTD VS. RAM BABU [LAWS(ALL)-2006-4-23] [REFERERD TO]
MAJOR JASBINDER SINGH BALA S O SRI BACHAN SINGH BALA VS. IIND ADDITIONAL DISTRICT JUDGE [LAWS(ALL)-2005-11-17] [REFERRED TO]
MANOHAR LAL VS. UGRASEN [LAWS(SC)-2010-6-8] [REFERRED TO]
AASCAR ENTERTAINMENT PRIVATE LIMITED VS. A.CHANDRASEKARAN [LAWS(MAD)-2018-10-590] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted.
(2.)Mangal Singh (since deceased) and the 1st respondent herein, were originally residents of Pakistan. As a displaced person in India, Mangal Singh was allotted land measuring 11 bighas 16 biswas in village Shorba, Tehsil Kishangarhbas, District Alwar. The said Mangal Singh died whereafter a report was made by the village Patwari on or about 31-3-1978 to the effect that he had died intestate without any heir. Pursuant thereto and in furtherance thereof, escheat proceedings were initiated by the Tehsildar, Kishangarhbas on or about 12-3-1979. The possession of the land in question was taken by the Patwari from the 1st respondent on 28-3-1979. A part of the land in question was allotted to the appellant by the Tehsildar on 11-5-1979. The 1st respondent herein questioned the said allotment of land made in favour of the appellant herein. The Additional Collector by his order dated 24-8-1979 set aside the order of taking possession and restored possession thereof to Prasony Bai, the 1st respondent herein, and cancelled the allotment of land to the appellant. Against the said cancellation order dated 24-8-1979 made in favour of the 1st respondent, an appeal was preferred by the appellant herein before the Board of Revenue. The Board of Revenue by its order dated 28-11-1985 while maintaining the said order of cancellation of allotment observed that :
"(1) the order was passed behind the back of the party i.e. Parsony Bai; (2) that Tehsildar should not have allotted the land to Abdul Rahman without giving notice to persons in whose name the land already stood; (3) that it was, therefore, clear that Tehsildar, Kishangarhbas, Harish Chandra had acted in most irresponsible manner while allotting the land to Abdul Rahman; and (4) that for the highhandedness the disciplinary proceedings should be initiated against the Tehsildar."
(3.)The appellant herein questioned the said order of the Board of Revenue before the High Court by way of filing a writ petition which was marked as S.B. Civil Writ Petition No. 2274 of 1985 which was dismissed.
(2.)Mangal Singh (since deceased) and the 1st respondent herein, were originally residents of Pakistan. As a displaced person in India, Mangal Singh was allotted land measuring 11 bighas 16 biswas in village Shorba, Tehsil Kishangarhbas, District Alwar. The said Mangal Singh died whereafter a report was made by the village Patwari on or about 31-3-1978 to the effect that he had died intestate without any heir. Pursuant thereto and in furtherance thereof, escheat proceedings were initiated by the Tehsildar, Kishangarhbas on or about 12-3-1979. The possession of the land in question was taken by the Patwari from the 1st respondent on 28-3-1979. A part of the land in question was allotted to the appellant by the Tehsildar on 11-5-1979. The 1st respondent herein questioned the said allotment of land made in favour of the appellant herein. The Additional Collector by his order dated 24-8-1979 set aside the order of taking possession and restored possession thereof to Prasony Bai, the 1st respondent herein, and cancelled the allotment of land to the appellant. Against the said cancellation order dated 24-8-1979 made in favour of the 1st respondent, an appeal was preferred by the appellant herein before the Board of Revenue. The Board of Revenue by its order dated 28-11-1985 while maintaining the said order of cancellation of allotment observed that :
"(1) the order was passed behind the back of the party i.e. Parsony Bai; (2) that Tehsildar should not have allotted the land to Abdul Rahman without giving notice to persons in whose name the land already stood; (3) that it was, therefore, clear that Tehsildar, Kishangarhbas, Harish Chandra had acted in most irresponsible manner while allotting the land to Abdul Rahman; and (4) that for the highhandedness the disciplinary proceedings should be initiated against the Tehsildar."
(3.)The appellant herein questioned the said order of the Board of Revenue before the High Court by way of filing a writ petition which was marked as S.B. Civil Writ Petition No. 2274 of 1985 which was dismissed.
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