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2008 Supreme(Jhk) 1289

AJIT KUMAR SINHA
Sandhu Munda – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. B.K. Pandey.
For the State : J.C. to G.P.-I
For Private Respondents: Mr. P.P.N. Roy.

Order

In this writ petition, the petitioners have prayed for issuance of an appropriate writ, order or direction to quash the order dated 2.7.2002. passed by Smt. Sheela Kisku Rapaj, the Commissioner, South Chhotanagpur Division, Ranchi in S.A.R. Revision No. 356 of 1995.

2. Learned counsel for the petitioners has confined his prayer and argument to the sole issue as to whether the land, in question, is Mundari Khunt-Katti land or not for the purposes of imposing restriction on transfer, as provided under Section 240 followed by order of ejectment under Section 242 of the Chota Nagpur Tenancy Act, 1908 (hereinafter to be referred as "the C.N. T. Act").

3. In the instant case, the concurrent finding of fact by all the three authorities is against the petitioners, which is sought to be assailed in the present writ petition. The only contention raised by the petitioners is that the land under Khata No. 13, in dispute, is a raiyati land and belongs 10 their ancestor. It is further submitted that the land, in question, is not a Mundari Khunt-Katti land and, thus, there is no violation of Section 240 or 46 or any of the provisions of the C.N.T. Act and, thus, the concurrent finding of fac






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