Allowed

State Bank of India v. the District Revenue Officer

Madras HC12 Jul 2023WA/200/2023

Case brief

AI extract

What is this about?

The High Court set aside a Single Judge's order that adjudicated on land classification merits in a writ petition. The court held the writ scope was limited to deciding the pending appeal, directing the fourth respondent to decide it expeditiously on merits.

What did the court decide?

Set aside the order of the learned Single Judge and directed the fourth respondent to decide the appellant's appeal on its own merits and in accordance with law, expeditiously.

State Bank of India Vs the District Revenue Officer — Property and Title | Madras HC (2023)

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W.A.No.200 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.07.2023

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CORAM

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

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W.A.No.200 of 2023

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State Bank of India Stressed Assets Recovery Branch Indian Red Cross Society Building No.32, Montieth Road, Egmore Chennai 600 008 Rep. By its Authorised Officer. .. Appellant Vs.

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The District Revenue Officer VOC Nagar, Chengalpattu 603 001.

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Tahsildar Vandalur Taluk Office Otteri, Perrkankaranai Vandalur, Chennai 600 048.

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Sub Registrar No.29, South Mada Street Thriuporur 603 110.

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Additional Chief Secretary/ Commissioner of Land Administration Ezhilagam Complex, Chepauk Chennai 600 005.

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.. Respondents

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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W.A.No.200 of 2023

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Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 31.10.2022 in W.P.No.27177 of 2022.

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For the Appellant : Mr.M.L.Ganesh

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For the Respondents : Mr.K.Karthik Jagannathan Government Advocate

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JUDGMENT

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(Delivered by the Hon'ble Chief Justice)

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We have heard Mr.M.L.Ganesh, learned counsel for the appellant and Mr.K.Karthik Jagannathan, learned Government Advocate for the respondents.

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Learned counsel for the appellant submits that the writ petition was filed by the present appellant against the respondents seeking a limited prayer of disposing of their appeal filed before the fourth respondent. However, the learned Single Judge made observations on the classification of the land. The same would not be the subject matter in the writ petition.

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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W.A.No.200 of 2023

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The appellant has sought an innocuous relief before the learned Single Judge, namely, to decide the appeal pending before the fourth respondent. The learned Single Judge, on the merits of the contentions, has disposed of the writ petition by making certain observations.

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The scope of the writ petition is limited. Whether the land

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was properly classified, whether the appeal of the appellant/writ petitioner is tenable or whether any relief can be granted to the appellant/writ petitioner, are matters to be considered by the fourth respondent on its own merits.

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In the light of that, we set aside the order passed by the

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learned Single Judge and direct the fourth respondent to decide the appeal filed by the appellant/writ petitioner on its own merits and in accordance with law, expeditiously.

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Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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W.A.No.200 of 2023

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The writ appeal is, accordingly, disposed of. There will be no

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order as to costs.

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(S.V.G., CJ.) (P.D.A., J.) 12.07.2023 Index : Yes/No Neutral Citation : Yes/No

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kpl

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The District Revenue Officer VOC Nagar, Chengalpattu 603 001.

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Tahsildar Vandalur Taluk Office Otteri, Perrkankaranai Vandalur, Chennai 600 048.

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Sub Registrar No.29, South Mada Street Thriuporur 603 110.

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Additional Chief Secretary/ Commissioner of Land Administration Ezhilagam Complex, Chepauk Chennai 600 005.

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Page 4 of 5

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https://www.mhc.tn.gov.in/judis

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W.A.No.200 of 2023

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THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl)

W.A.No.200 of 2023

12.07.2023

Page 5 of 5

https://www.mhc.tn.gov.in/judis

State Bank of India v. the District Revenue Officer

Case brief

What is this about?

What did the court decide?

State Bank of India v. the District Revenue Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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