III RN 51/02
AI generated
Supreme Court dismissed extraordinary review, ruling inquiry procedures cannot decide on disputed facts requiring court verification.
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review against a decision refusing to issue a land certificate. The applicant sought verification of land boundaries, arguing for an administrative inquiry under the Civil Procedure Act, while the authorities contended this was merely an information request. The court held that because the underlying facts were disputed and required verification, the administrative inquiry procedure was inapplicable, as it is limited to confirming known facts.
Legislator headnote
AI generatedArt. 218 § 2 k.p.a.; Art. 393 § 12 k.p.c.: An administrative inquiry procedure is limited to confirming known facts and cannot be used to resolve disputed issues requiring judicial verification.
Keywords
AI generated
administrative inquiry procedure
land certificate issuance
disputed factual issues
extraordinary review dismissal
civil procedure act
administrative verification
boundary determination
Cited Legislation
AI generatedArt. 218 § 2 k.p.a.
Art. 393 § 12 k.p.c.
Art. 24 of the Geodesy and Cartography Act
Art. 217 k.p.a.
Art. 138 § 1 pkt 1 k.p.a.
art. 218 § 2 k.p
art. 217 § 2 k.p
art. 144 k.p
art. 15 k.p
art. 218 k.p
Cited Case Law
AI generatedII SA/Gd 1241/96
III SA 1292/97