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2023 Supreme(Jhk) 646

RAJESH SHANKAR
Chintamani Devi – Appellant
Versus
Jhumritilaiya Nagar Parishad – Respondent


Advocates Appeared:
For the Petitioner: Mr. Amar Kr. Sinha, Mr. Sandeep Verma.
For the Respondents: Mr. Bharat Kumar, Mr. Saurav Mahto.

JUDGMENT :

1. The present writ petition has been filed for issuance of direction upon the respondents not to use the petitioner’s land appertaining to Khata No. 1/44, Plot No. 68/142, Mouza-Bela Tand, Old Ward No. 7, New Ward No. 14, P.S-Koderma (now Tilaiya), P.S No. 246, District-Koderma, measuring an area of 08 Decimals (out of total area of 16 Decimals) [hereinafter referred as ‘the said land’] without lawfully acquiring the same as the said land was purchased by her husband-Late Balkrishan Prasad by virtue of registered sale deed No. 3515 dated 05.05.1993, mutation of which was done vide order dated 04.07.1994 passed in Mutation Case No. 243(II) of 1994-95.

2. Learned counsel for the petitioner submits that the said land measuring a total area of 16 Decimals was settled by the then landlord in favour of one Jagarnath Ram, son of Jodhan Ram by way of Hukumnama in the year 1925 and subsequently the said settlee sold the same to Sarojani Wasini Biswas by way of registered sale deed dated 30.03.1951. After the death of Sarojani Wasini Biswas, her husband, namely, Lalit Mohan Biswas inherited the said land who further sold the same to Manju Devi Jain vide registered sale deed dated

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