NOOK HASSAN And Another vs SAKHI MUHAMMAD And Other
This matter arises from a petition for leave to appeal concerning the cancellation of agricultural land measuring 11 Bighas 8 Biswas previously held in the name of one Dona, whose sons are the petitioners. The core legal question before the Supreme Court is whether the petitioners are entitled to be offered the disputed land for sale under the provisions of Act XIV of 1975, notwithstanding any alleged lack of original title, given that the land has not been allotted to any other party under the impugned orders. The Court held that the contentions raised by the petitioners' counsel merit detailed examination. Consequently, the Supreme Court granted leave to appeal, ordered security in the sum of Rs. 2,000, directed that status quo be maintained, and permitted the processing of the appeal on the existing record with liberty to file additional documents.
- Whether petitioners are entitled to be offered cancelled agricultural land for sale under Act XIV of 1975?
- Does a contention regarding statutory entitlement to purchase unallotted cancelled land warrant the grant of leave to appeal?
- Act XIV of 1975
ORDER
ABDUL SHAKURUL SALAM, J.---Dispute relates to an area measuring 11 Bighas 8 Biswas of agricultural land which has been cancelled from the name of one Dona whose sons are the petitioners.
2. Learned counsel submits that the area has not been given to any body else under the impugned orders and even if the petitioners had no title thereto yet they will be entitled to be offered the same for sale under the latest law i.e. Act X IV of 1975.
3. Contention raised requires consideration. Leave is granted. Security in the sum of Rs. 2,000.
Status quo. Appeal to be processed on present record subject to filing additional documents if so advised.