Constitution of India, 1950, Article 226 -- Writ of Certiorari - Finding of fact arrived at by one Court or the other whether reconcilable with evidence on that score and whether tenant not in arrears of rent and not for long - No concern of High Court in writ proceedings...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Remedy against order of Collector passed under Section 7 - Either by filing a writ Petition in High Court or application under Section 11 wherein question of title can be gone into...........
Constitution of India, 1950, Article 226 -- Delay or Laches - Order passed by Additional Director Consolidation in 1968 and carried out by Consolidation Officer in 1970 - Review petition filed in 1973 dismissed in 1974 - Writ petition in 1975 - After the passing of impugned order and before filing of writ petition, almost whole of land alienated - Petitioners took too long..........
Constitution of India, 1950, Article 226 -- Stay of impugned order - Prayer made in writ petition - No mention in order of Admitting Bench - Subsequent statement that prayer for stay not pressed at the time of admission - Cannot be accepted - Stay deemed to have been refused - Civil Procedure Code (5 of 1908), Section 151...........
Punjab Land Reforms Act, 1972, Section 9(1) -- Objection by vendees that no notice issued despite mutation sanctioned in their favour and surplus area case decided without hearing them - Landowner's surplus area declared in the first instance in 1959 and after appeal, revision and writ proceedings finally in 1974 - Sale in 1965 i. e. post Punjab Security of Land Tenures..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Alternative remedy - Failure to exhaust ordinary remedies of appeal and revision - Statute itself enjoins a duty on Authorities - Petitioner cannot possibly be forced to go through tardy and lengthy proceedings before higher authorities...........
Constitution of India, 1950, Article 226 -- Laches - Acquisition under Punjab Town Improvement Act, notifications under Sections 36 and 42 issued in 1971 and 1973 respectively, challenged in writ petition in 1976 - Objection that writ petition highly belated and petitioners guilty of laches - Not tenable - Primary ground of attack delay caused by acquiring authority in..........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 18 -- Alternative remedy - Challenge to acquisition under Punjab Town Improvement Act - Reference already sought for enhancement of compensation - Cannot be said to be alternative remedy - Only adequacy of compensation payable challenged in those proceedings - Challenge in writ petition to..........
Constitution of India, 1950, Article 226 -- Laches - Cause of action itself where stems wholly or in part from allegations of unexplained delay and procrastination of State - Hardly lie in the mouth of State to make a grievance of delay - Mere chronological delay in approaching Writ Court - Cannot by itself no, suit petitioner - Acquisition proceedings commenced in 1972..........
Constitution of India, 1950, Article 226 -- Writ of Mandamus - Can only issue where there is a clear public duty laid upon an Authority and equally clear right in petitioner to enforce the same - Challenge to acquisition - Objection that : (i) Writ of Certiorari does not lie, and (ii) Remedy of Mandamus - Neither a statutory mandate to complete acquisition proceedings..........
