Land Allotment Case: Supreme Court Rules Reliance on Notings in Government File Insufficient for Claiming Rights

In a significant judgment, the Supreme Court shed light on the reliance placed on notings in government files without the communication of any order. The bench comprising of Hon'ble Mr. Justice Abhay S. Oka and Hon'ble Mr. Justice Rajesh Bindal emphasized that such notings alone cannot be considered a basis for claiming any right or entitlement. The ruling came in the case of a disputed land allotment, wherein the respondents sought relief based on official notings without any formal order passed by the government and conveyed to them.

Highlighting the legal position, the court stated, "Mere notings in the file do not amount to an order unless an order is communicated to a party, thus, no right accrues." The judgment cited previous cases to reinforce this principle, including Mahadeo and others v. Sovan Devi and others (2022) and Municipal Committee v. Jai Narayan & Co. (2022). The court stressed that inter-departmental communications are part of the decision-making process and cannot be relied upon as a basis for claiming rights.

Additionally, the bench addressed the issue of delay in availing appropriate remedies and the doctrine of constructive res judicata. It noted a significant delay on the part of the respondents in challenging the final publication of record of rights. The court held that the respondents' failure to challenge the record earlier waived their right to relief. It also highlighted the importance of disclosing complete and accurate facts before the court, emphasizing that concealing material facts or mis-stating them can result in non-suiting a litigant.

The judgment concluded by dismissing the respondents' writ petition and setting aside the order passed by the High Court. The court further mentioned that there shall be no order as to costs in this matter.

This ruling serves as a reminder that relying solely on notings in government files does not confer any rights or entitlements. It emphasizes the significance of formal orders communicated to the parties involved, thereby providing clarity on the legal implications of inter-departmental communications in matters of land allotment.

Date of Decision: July 12, 2023