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2019 Supreme(Jhk) 1237

RAJESH SHANKAR
Khudiya Munda – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ramawatar Choubey
For the Respondent: Mr. Subhash Chandra Prakash, A.C to S.C (L&C)

JUDGMENT :

1. The present writ petition has been filed for quashing the order dated 13.07.2005 (Annexure-7 to the writ petition) passed by the respondent No.4 in Case No. 28/05-06. Further prayer has been made for issuance of a direction upon the respondent No.5 to continue with the land acquisition proceeding and to pay the proportionate share of compensation to the petitioners in accordance with law within a stipulated period.

2. The factual background of the case, as stated in the writ petition, is that the land appertaining to Khata No. 60, Plot Nos. 350 & 947, measuring an area of 20 acres 50½ decimals, Village-Bargaon, P.O-Chope, P.S & Circle - Simariya, District-Chatra (hereinafter referred to as ‘the said land’) was recorded as ‘Gair Mazurwa Khas’ and the same was settled by the ex-landlord in favour of the petitioners’ ancestors. According to the petitioners, a rent fixation case being Rent Misc. Case No. 31 of 1950-51 was initiated before the respondent No.3 under Section 139 of the Chhotanagpur Tenancy Act (hereinafter referred to as ‘the C.N.T. Act’) between the petitioners’ ancestors and the ex-landlord which was allowed vide order dated 18.10.1951. The names of the peti

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