LAWS(UTN)-2022-6-20

RAJKUMAR ADLAKHA Vs. CANTONMENT BOARD LANDOUR

Decided On June 20, 2022
Rajkumar Adlakha Appellant
V/S
Cantonment Board Landour Respondents

JUDGEMENT

(1.) This matter is taken up on being referred by the learned Single Judge to the Larger Bench to answer the following two questions:-

(2.) Facts leading to this case are simple. The petitioner filed a Writ Petition (M/S) No.138 of 2018 by making a prayer to issue a writ of mandamus directing the respondent Nos.1 and 2 to allow the mutation application of the petitioner and to enter the name of the petitioner in the General Land Record as the owner of the property. The writ petition came up before the learned Single Judge on 11/1/2018, and the learned Single Judge disposed of the same on the first date itself by making following observations:-

(3.) Thereafter, the authorities did not consider the case of the petitioner. Hence, he filed a Contempt Petition bearing CLCON No.118 of 2022. It was dismissed on 6/5/2022, on the question of limitation, but the learned Single Judge gave liberty to the petitioner to file appropriate writ petition. We quote the relevant paragraphs of the order as under:-