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2008 Supreme(Jhk) 1488

M.Y.EQBAL, JAYA ROY
Bhuwang Oraon – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Appellants: M/s. P.P.N. Roy, P.A.N. Roy, Neeraj Kumar
For the Respondents: Mr. Rajesh Kumar

JUDGMENT :

M. Y. Eqbal, J.

In this appeal, a very interesting question, which needs consideration by this Court, is as to whether the Deputy Commissioner or any of the officer exercising power conferred by

Section 71-A of the Chota Nagpur Tenancy Act, 1908 can issue interim order of injunction.

2. The facts of the instant case lie in a narrow compass:

The appellants, who are members of Scheduled Tribes, filed an application under Section 71-A of the C.N.T. Act (in short ‘the Act’) for restoration of land on the allegation that they were fraudulently dispossessed by the private respondents. The said application was registered as S.L.R. Case No.120/06-07. The Special Officer, Scheduled Area Regulation, issued show cause notices to the private respondents. In the meantime, the Special Officer directed the respondents to stop construction work on the land in question. The respondents challenged the said order by filing a writ petition being W.P. (C) No.5434 of 2007, whereby the respondents were directed to stop construction over the land in question. The respondents took the stand that similar applications were filed by the appellants earlier on the same ground and those restoration appl


























































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