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Supreme Court of India 2018-04-05

Ashim Ranjan Das (D) by Lrs vs Shibu Bodhak & Ors

Bench: 2 — Sanjay Kishan Kaul

In Brief

The appellant sought to transfer land purchased in 1987 to his name, but the patta holders (respondents 1 and 2) who had obtained registered government titles in 1980 were not made parties to the Tribunal proceedings. The High Court set aside the Tribunal's order for cancellation of the pattas, finding violation of natural justice, and remitted the matter for a fresh hearing with the patta holders present. The Supreme Court dismissed the appellant's appeal, holding that fundamental fairness requires persons whose existing registered rights are affected must be heard before any adverse order. The 14-year delay and the uninterrupted possession of the patta holders since 1980 weighed against the appellant."

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