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EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, LAYYAH DIVISION versus ABDUL MAJEED


Articles 199 and 185 () of the High Court's constitutional petition on the controversial question claimed the applicants to be the owners of the disputed land, while the respondent department accused them of unlawful occupation and thus disposed of them. Praying that the accountable department claims to be its owner. By acquittal, the High Court raised the constitutional application on the same day and after hearing the statement of consent of the department's representative on the intra-court appeal, pronounced the judgment the next day, but soon after. Day, a division bench of the High Court passed the order. The miscellaneous petition directed the police to ensure that the applicant was handed over immediately. The High Court had decided this issue in summary judgment, without summoning the respondents and giving them the opportunity to defend themselves or appear before them. Not appreciating that the area was condemned; and the question of title cannot be determined in such a way that such directing to the police was open to serious discounting like this. The proceedings were more than extraordinary actions of the High Court and there was no record on record to justify the same appeal of the Supreme Court. Keep both unclean orders aside \ r \ n \ r \ n

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