TaxTMI 
TaxTMI 
2008 (1) TMI 1004
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.... Writ Petitions 17464 of 1984, 8825 of 1995 and 19050 of 1995. Challenge in the first writ petition was to the order passed by the Prescribed Authority under the U.P. Imposition of Ceiling on Land Holdings Act, 1954 (in short the 'Act') and the appellate order passed by the Appellate Authority. 3. Background facts in a nutshell are as follows: After issuance of notice under Section 10(2) of the Act an area of 17 Bighas 10 Biswas and 2 Biswansis of land of the respondent-Roshan Singh was declared as surplus. Thereafter consolidation operation commenced. Proceedings under Section 107 of the Act were initiated on 28.3.1974 and the respondent-Roshan Singh was granted opportunity to file his response to the notice. The object....
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....learned Senior counsel appearing on behalf of the petitioner and Smt. Archana Srivastava, learned Standing Counsel for the respondents, this Court is of the view that as the reduction of area made during the consolidation operation is made for public purposes, the petitioner is entitled to the benefit of said reduction. The submission made by the learned Counsel for the petitioner has got force and therefore, the writ petition deserves to be allowed. 4. It is to be noted that the above quoted portion was the only basis on which the writ petition was allowed. Two orders were also allowed following the decision rendered in the first case. 5. Learned Counsel for the appellants submitted that the approach of the High Court is clearly erro....
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....The object of Section 151 CPC is to supplement and not to replace the remedies provided for in the CPC. Section 151 CPC will not be available when there is alternative remedy and same is accepted to be a well-settled ratio of law. The operative field of power being thus restricted, the same cannot be risen to inherent power. The inherent powers of the Court are in addition to the powers specifically conferred to it. If there are express provisions covering a particular topic, such power cannot be exercised in that regard. The section confers on the Court power of making such orders as may be necessary for the ends of justice of the Court. Section 151 CPC cannot be invoked when there is express provision even under which the relief can be cl....
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....he plans were sanctioned and construction commenced. It can, thus, be seen that after the preparation of record-of-rights, not only the appellants did not take any steps and slept over the matter but various steps as above were taken by the respondents in respect of the land in question. The argument that the proceedings under the ULC Act or the preparation of record-of-rights were ultra vires and the acts without jurisdiction and, therefore, those proceedings would not operate as a bar in appellants invoking inherent jurisdiction under Section 151 CPC by virtue of conferment of such power under Section 57A of the Act is wholly misconceived and misplaced. The inherent powers cannot be used to reopen the settled matters. These powers cannot ....