Seniority List – Exclusion from List – Claim for Compensation – Respondent excluded from seniority list of Foresters appointed post-1980, allegedly due to not being in service during the list’s preparation. Respondent attained superannuation during litigation. Learned Single Judge directed appellants to pay monetary compensation for wrongful exclusion – Held, directio...
Eviction Proceedings – Non-Maintenance and Ill-Treatment – Petitioner challenged eviction from mother's property – Allegation of harassment and non-compliance with procedural rules – High Court found procedural defects in issuance of show cause notice and lack of verification of title by District Collector – Impugned order set aside, remanded for fresh considerati...
Challenge to the selection process - Fair Price Shop - Re-enquiry of Godown Suitability – Lack of Authority under Clause 20(iv) of WBPDS – District Level Fair Price Shop Selection Committee (DLFPSSC) directed re-enquiry into the private respondent’s godown suitability after awarding marks in the original enquiry – Held: DLFPSSC had no authority under Clause 20(iv) of WBPDS ...
Civil Writ - Excise Law – Re-processing of Expired Liquor Stock – No Express Provision in Odisha Excise Act or Rules – Permission Granted – The petitioner, a distillery, challenged the rejection of its application for re-processing expired liquor stock on the grounds that no specific provisions exist in the Odisha Excise Act, 2008 or the Odisha Excise Rules, 2017. The State...
Civil Law - Bar under Section 49 of U.P.C.H. Act – Applicability – Suit Not Maintainable – The Court found that the sale deed was executed during ongoing consolidation operations, and subsequent rights of the appellants were adjudicated by the consolidation authorities under Section 12 – Held: The suit challenging the sale deed is barred under Section 49, as it involves mat...
Writ Jurisdiction – Disputed Questions of Fact – Maintainability of Writ Petition – Appeal Allowed – The learned Single Judge dismissed the writ petition on the ground that disputed questions of fact regarding the delivery of possession of land cannot be adjudicated in writ jurisdiction – Held: The High Court is competent to adjudicate disputed facts in writ jurisdict...
Compensation Recovery – Land Acquisition – Petitioners directed to refund compensation for acquired land under National Highways Act – Land disputed and interim order from Supreme Court regarding partition suit – Affidavit from predecessor claiming no objection to compensation, later denied by same predecessor – Orders for refund challenged [Paras 1-14].
Partition ...
Contempt of Court – Alleged Wilful Disobedience of Supreme Court Orders – TDR Compliance - Wilful Disobedience – Orders Passed by Supreme Court – Intentional Delay in Compliance – Allegations of wilful disobedience of Supreme Court orders dated 21.11.2014, 17.05.2022, and 19.03.2024 – Petitioners claimed non-compliance by respondents regarding issuance of Transf...
Civil Writ - Foreign Medical Graduates – Requirement of CRMI for Two Years – Judicial Deference to Expert Bodies – The petitioners challenged Note 3 in provisional registration certificates requiring two years of CRMI, asserting they completed offline training and examinations during the pandemic – The respondents cited Supreme Court decisions and National Medical Commissio...
Statutory Alternative Remedy – Section 35 of the U.P. Tenancy Act – Writ Not Maintainable - The Court held that the petitioner has a statutory remedy under Section 35 of the U.P. Regulation of Urban Premises Tenancy Act, 2021. Filing a writ petition bypassing this remedy is not appropriate unless extraordinary circumstances exist – Held: Writ petition dismissed with directions to...