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2020 Supreme(Jhk) 676

RONGON MUKHOPADHYAY
Barnad Dungdung – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Jai Prakash Jha, :Mr. Anil Kumar, Senior Advocate
For the Respondents-State:Mr. Ashish Kumar Thakur, Mokhtar Ahmad & Sarju Prasad, Mr. Manoj Tandon, Advocate

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The petitioners are members of Scheduled Tribe communities and members of a Cooperative Society formed for providing housing facilities, which entered into agreements for land sale with landowners (!) (!) .

  2. The landowners obtained permission under Section 49 of the Chotanagpur Tenancy Act (CNT Act) from the Deputy Commissioner, Ranchi, after necessary inquiries, with conditions including deposit of a portion of the sale consideration in National Savings Certificates and bank accounts (!) (!) .

  3. The sale deeds were registered, and the petitioners took possession of the land, which was subsequently mutated in their names and on which they constructed residences (!) (!) .

  4. The permission granted for the land transfer was later set aside by an order passed in a suo-motu case initiated by the State Government, which led to the annulment of the transfer and the sale deeds (!) (!) .

  5. The orders setting aside the land transfers were issued without giving the petitioners an opportunity to be heard, which is a violation of principles of natural justice (!) (!) .

  6. The orders were passed beyond the statutory period of limitation specified in Section 49(5) of the CNT Act, which restricts the annulment of transfers to within 12 years from the date of permission (!) (!) .

  7. The respondent authorities, including the respondent no. 2 (a minister), acted under the authority of the Rules of Executive Business, which prescribe that cases are to be disposed of by or under the authority of the in-charge minister, and such acts are quasi-judicial in nature (!) (!) .

  8. The orders under challenge were passed by the respondent no. 2, who was the Minister in charge of Revenue and Land Reforms, exercising powers under the CNT Act, which includes the authority to annul transfers if the conditions for such action are met (!) .

  9. The petitioners' argument that they were not given proper notice or opportunity to be heard, and that the orders were passed without jurisdiction or in violation of statutory provisions, is upheld. Consequently, the impugned orders are deemed unsustainable and are quashed (!) .

  10. The case is remanded back to the authority for passing fresh orders after providing all necessary parties, including the petitioners, an opportunity of hearing, ensuring compliance with legal requirements and procedural safeguards (!) .

  11. All related notices and proceedings that were subject to challenge are also quashed and set aside (!) .

  12. The overall decision favors the petitioners, and the writ applications are allowed, with all pending interlocutory applications disposed of accordingly (!) .

Please let me know if you need a detailed analysis or further assistance.


JUDGMENT :

C. A. V. Order

Since common questions of law and fact are involved in all these writ applications, the same are being disposed of by this common order.

2. Heard Mr. J. P. Jha , learned senior counsel appearing for the petitioners in W.P.(C) No. 5090 of 2003, W.P.(C) No. 5227 of 2003 and 5238 of 2003; Mr. Anil Kumar, learned senior counsel for the petitioners in W.P.(C) No. 4727 of 2003 and W.P.(C) No. 5887 of 2003 and Mr. Ashish Kumar Thakur, A.C. to S.C. (L & C) for the State – respondents in all the cases; Mr. Sarju Prasad, learned counsel appearing for the respondent no. 5 and Mr. Manoj Tandon, learned counsel appearing for the intervenor – respondent no. 6 in W.P.(C) No. 5090 of 2003 and 4727 of 2003.

W. P.(C) No. 5090 of 2003:

3. In this writ application, petitioners have prayed for quashing of the order dated 30.04.2003 passed by the respondent no. 2 in Case No. 5/Aadi-Misc. Case No. 7/2001-02 by which the order dated 30.06.1987 passed by the Deputy Commissioner, Ranchi granting permission under Section 49 of the Chotanagpur Tenancy Act has been set aside.

4. The facts of the case reveal that the petitioners are the members of the Scheduled Tribe Community and also

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