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2012 Supreme(Jhk) 780

P.P.BHATT
Debiswar Soren – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioners:M/s. Kaushik Sarkhel & Indrajit Sinha, Advocates
For the Respondents: M/s. V.K. Prasad, S.C. (L&C), Rajnikant, J.C. to
S.C. (L&C), Md. Mokhtar Khan & Shiv Prasad, Advocates

ORDER

1. Present writ petition has been filed under Articles 226 & 227 of the Constitution of India for issuance of an appropriate writ/order/direction for quashing and setting aside the office order dated 7.2.06 issued under memo No.66 sent by Circle Officer, Nala addressing to S.D.O. Jamtara in response to the S.D.O.'s letter No. 39/Go. dated 13.1.06 transferring the land under Mouza-Tambajore, Thana No. 18, Khata No.58, Khesra No.1111, recorded as Puratan Patit, transferring 17.65 acres of land to the Navodaya Vidyalaya Samittee for the establishment of Navodaya Vidyalaya, Jamtara. It is further prayed that appropriate order may be issued to the concerned respondents as to how and under what authority, the concerned respondent has transferred/settled the land in the name of Navodaya Vidyalaya, who is not a raiyat as defined in the Santhal Pargana Tenancy Act. It is further prayed that appropriate order may be passed declaring the land has been transferred /settled by office order dated 7.2.06 issued under memo No.66, in the name of Navodaya Vidyalaya, as null and void as the said transfer is in contravention of Section 28 of the Santhal Pargana Tenancy Act.

2. Brief facts, which
































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