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Supreme Court of India 2023-07-12 allowed

State of Orissa & Anr vs Laxmi Narayan Das (Dead)

Bench: 2 — Abhay S. Oka, Rajesh Bindal

In Brief

The Supreme Court dismissed a writ petition filed by respondents challenging land allotments made in 1962. The petitioners had waited 46 years to file the writ petition and had previously filed and withdrawn a civil suit for identical relief without liberty to refile. The Court held that: (1) inordinate delay bars relief; (2) principles of constructive res judicata prevent a writ petition after withdrawal of a prior civil suit without liberty to refile; (3) concealment of the prior suit from the court disentitles petitioners to relief; and (4) government file notings do not constitute enforceable orders unless formally communicated. The High Court's order was set aside and the writ petition dismissed.

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Administrative Law Civil Procedure Land Law Delay and Laches Constructive Res Judicata Concealment of Facts Government Records Writ Jurisdiction

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