VidhiSangh

Supreme Court of India · 16/05/2024

KARNAIL SINGH versus STATE OF HARYANA & ORS.

[2024] 6 S.C.R. 894 · 2024 INSC 424

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Summary

The 2022 judgment allowing Haryana’s common-land appeal was recalled for errors apparent in its treatment of binding Constitution Bench authority and the High Court’s reasoning. It had conflated land earmarked for common purposes but not yet used with surplus Bachat land never so earmarked. Non-consideration of the High Court’s precedent and stare decisis reasoning also warranted review. The civil appeal was restored for rehearing, not finally decided on merits.

Issues

  1. Whether failure to apply Bhagat Ram disclosed an apparent reviewable error.
  2. Whether earmarked common-purpose land and unearmarked Bachat land had been improperly conflated.
  3. Whether omission of the High Court’s precedent and stare decisis reasoning warranted recall.
  4. What disposition followed for the State’s underlying appeal.

Provisions considered

Held

Result

Review allowed; judgment dated 7 April 2022 recalled. Civil Appeal 6990/2014 restored for peremptory hearing at serial 1 on 7 August 2024; underlying appeal merits remain for rehearing.

Judgment PDF: Supreme Court of India, [2024] 6 S.C.R. 894.