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RAJESH SHANKAR
Ghuda Bhagat @ Bhura Bhagat – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
The present writ petition has been filed for quashing and setting aside the common order dated 20.12.2021 (Annexure-5 to the writ petition) passed by the Commissioner, South Chhotanagpur Division, Ranchi (the respondent no.2) in S.A.R Revision Nos. 97 of 2000 and 98 of 2000 whereby the said revision cases preferred by the petitioner’s father namely Birsa Oraon have been dismissed. Further prayer has been made for quashing and setting aside the orders dated 12.09.2000 passed by the Deputy Commissioner, Lohardaga (the respondent no.3) in S.A.R Appeal No.15 R-15 of 1999-2000 and S.A.R Appeal No. 16R-15 of 1999-2000 whereby the orders dated 30.08.1999 passed by the Land Reforms Deputy Collector-cum-Special Officer, S.A.R., Lohardaga (respondent no.4) in S.A.R Case No. 57 of 1995 and S.A.R Case No. 58 of 1995 respectively have been set aside.
2. I.A. No. 6728 of 2022 has been filed on behalf of the petitioner for confining the prayer made in the writ petition to the extent of challenging the common order dated 20.12.2021 passed by the respondent no. 2 in S.A.R. Revision No. 97 of 2000 as well as order dated 12.09.2000 passed by the respondent no. 3 in S.A.R. Appeal No. 15 R-15
The legal principle established is that the transfer of land by 'Sada Hukumnama' and long possession by the transferee can confer valid title, and that restoration cases may be barred by res-judicata....
The court emphasized the principle that restoration applications barred by res-judicata and limitation cannot be entertained, and that challenging permissions granted after a long lapse of time is im....
The power under Section 71-A of the Chotanagpur Tenancy Act, 1908 cannot be exercised after an unreasonably long time during which third-party interests might have come into effect, even though there....
The main legal point established in the judgment is the requirement for the Appellate Authority and the Revisional Authority to pass speaking orders and consider all materials available in the record....
The principle that entries in revenue records are for revenue collection purposes and do not confer or extinguish title, and that possession is the key factor in determining rights in land disputes.
In land administration, proper legal procedures must be followed for record mutations, ensuring all parties' rights are respected.
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