VidhiSangh

Supreme Court of India · 07/12/2018

GOPAL SINGH (DEAD) BY LRS. versus SWARAN SINGH & ORS.

[2018] 14 S.C.R. 1131 · 2018 INSC 1168

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Summary

The Supreme Court dismissed a civil suit challenging cancellation of a restricted land sale and claiming protected ownership as subsequent purchasers. The competent authority’s order followed an opportunity of hearing and had attained finality; the statutory civil-jurisdiction bar applied. The High Court also failed to address the absence of mandatory notice to the State or leave to sue without it.

Issues

  1. Whether the civil court could examine the final cancellation order despite the statutory jurisdiction bar.
  2. Whether the suit could stand without the required notice to the State or leave under section 80(2) CPC.

Provisions considered

Held

Result

Appeal allowed; High Court judgment in RSA No.1163 of 1991 set aside and Civil Suit No.496 of 1985 dismissed. No costs.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 1131.