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JR CPCT INSTITUTE, TIKAMGARH (M.P.) || ✤ MPHC-Junior Judicial Assistant 2024 ✤ || JJA की तैयारी के लिए हमारे Group से जुड़ने के लिए अपना नाम और सिटी का नाम इस नंबर पर व्हाट्सएप करें: 8871259263
created Oct 17th, 06:31 by ramsaxena
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The appellants contended that the High Court had recorded a finding that the land is agricultural and the State had taken up a ground saying that the land was not agricultural land and was a vacant land but that point was not pressed before this Court in Audikesava Reddy's case, hence to that extent the High Court judgment would operate with binding effect in view of principles of constructive res judicata. We accept that principle of res judicata/constructive res judicata is applicable to the writ proceedings. However, in the present case, the Division Bench finding with respect to nature of land in a writ petition filed by purchasers does not survive after appeals of the State were allowed and after this Court refused to go into the question of filing of statements by owners under a wrong impression. If this Court wanted the nature of land to be separately considered then it would have done so or remanded the matter. However, paragraph 15 of Audikesava Reddy's case shows a clear intent to leave the declaration of the owner filed under the ULC Act intact. In the case on hand, as observed earlier, no part of the judgment of the High Court would survive after the appeal is allowed unless and until it is expressly and specifically preserved. In view of the same, the contrary contention of the appellants in this context is unacceptable and unsustainable. In any case, the owners are bound by the determination of surplus land by the Competent Authority on the basis of their own declaration and the various this Court held that the order of the High Court, directing the Authorised Officer to examine the dispute in the light of the Judgment of the High Court in the case of Naganatha Ayyar vs. Authorised Officer, became final although the very Judgment on which the grievance had to be examined itself was reversed later by the Supreme Court and, therefore, the orders which may not be strictly legal, passed under the ULC Act. They cannot be permitted to re-open the chapter after about 25 years.
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