VidhiSangh

Supreme Court of India · 30/08/2022

MAHADEO & ORS versus SMT. SOVAN DEVI & ORS

[2022] 11 S.C.R. 153 · 2022 INSC 888

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Summary

A soldier disabled in the 1965 war was the subject of a 1971 inter-departmental letter proposing allotment of 25 bighas under Rajasthan's 1963 Rules for disabled ex-servicemen. No allotment letter was issued and possession was never taken. In 2013, years after his death, his widow sued in writ for that land. The High Court rejected the alternative land she was offered and directed possession of the original khasras, now near a National Highway. On appeal by cultivators settled there for decades, the Supreme Court set this aside. An inter-departmental communication confers no right, and in any event the allotment would be deemed cancelled under Rule 7(4) for want of possession within six months. The Court called the writ petition misconceived.

Issues

  1. Whether an inter-departmental letter proposing allotment of land to a disabled ex-serviceman confers an enforceable right to possession
  2. Whether possession could be claimed more than 30 years later, given Rule 7(4) of the 1963 Rules deeming an allotment cancelled if possession is not taken within six months

Provisions considered

Held

Result

Appeal allowed; the High Court's judgment directing possession of the original khasras to the writ petitioner was set aside; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 11 S.C.R. 153.