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2015 Supreme(Jhk) 489

SHREE CHANDRASHEKHAR
Ful Kumari Minz – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. K.K. Ambastha, Advocate.
For the Respondent-State: Mr. Yogesh Modi, J.C. to A.A.G.
For the Respondent:Mr. Suresh Kumar Singh, Advocate.

JUDGMENT

SHREE CHANDRASHEKHAR, J.

1. Challenging Order dated 23.06.2004 in S.A.R. Case No. 24 of 2003, appellate order dated 08.06.2005 in S.A.R. Appeal No. 5 of 2004-05 and revisional order dated 21.02.2011 in S.A.R. Revision No. 41 of 2005, the present writ petition has been filed.

2. The facts narrated in the writ petition are that, the land comprised in Khata No. 5, Plot No. 545, total area 0.75 acres and Plot No. 697, total area 0.48 acres was recorded in the name of one Basua Oraon who died leaving behind three sons namely Chanhas Bara, John Bara and Nelson Bara. In a mutual partition between the brothers, the land in question came in peaceful possession and occupation of John Bara who entered into an agreement of sale with the petitioner. In Permission Case No. 128 of 1986-87, permission under Section 46 of CNT Act was given for sale of 0.16 decimal land in Khata No. 5, Plot No. 697. Subsequently, sale-deed dated 01.08.1995 was executed by the said John Bara conveying the land in question in favour of Birsa Oraon. He made application for mutation and after his name was mutated in the revenue records, he was granted rent receipts. The petitioners have taken electrical and tel









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