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SUJIT NARAYAN PRASAD, SUBHASH CHAND
Ushman Mian, son of Late Kataki Mian – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Sujit Narayan Prasad, J.) :
The instant intra-court appeal, preferred under Clause-10 of Letters Patent, is directed against the order/judgment dated 09.05.2018 passed by the learned Single Judge of this Court in W.P.(C) No.1597 of 2007, whereby and whereunder the writ petition was dismissed declining to interfere with order dated 16.01.2007 passed by Commissioner, Santhal Pargana, Dumka in Rev. Misc. Appeal Case No. 100/2005-06, by which the appeal filed on behalf of petitioner has been rejected; and also for quashing order dated 27.02.2006 passed in R.M.A Case No. 33-1997-98 by the Deputy Commissioner, Dumka by which the case preferred by the respondents against order passed by the Sub Divisional Officer, Dumka in R.E. Case No. 53/1995-96 was allowed.
2. The brief facts, as per the pleadings made in the writ petition, read as under:
The land situated at plot No. 184 area 1 Bigha 5 Katha 17 dhurs, Plot No. 60 area 16 Katha 10 dhurs and Plot No. 61 area 9 Katha 10 dhurs was settled by the ex-landlord vide Patta No. 46 dated 31.12.1944 with Katki Mian, the father of the petitioner-appellant, after the recorded tenant abandoned the land. The father of the petitioner came i
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The central legal point established in the judgment is the protection of tribal land rights under the Chotanagpur Tenancy Act, 1908 and the necessity of following due process before vesting land upon....
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