ANIL AGARWAL Vs. SURESH CHAND

JUDGEMENT

(1.) The issue involved in these writ petitions is "when no remedy of filing appeal is prescribed in any statute, whether the aggrieved person can be left remediless?" Factual Matrix:-

(2.) In the present matter, allotment of same land in question was made in favour of both the parties by the authorities in different years. Both the parties made their respective claims over the land in question and finally, after holding an enquiry, the allotment made in favour of the respondents was treated as valid. Now, the question which remains for consideration before this Court is "whether the order passed by the Collector is final or the petitioner would have any remedy of filing appeal or not". It is in this background, the issue involved in these petitions is required to be considered.

(3.) Since common question of law and facts are involved in both the petitions, hence with the consent of the counsel for the parties, both the matters are taken up for final disposal and the same are being decided by this common order.