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ANUBHA RAWAT CHOUDHARY
Panne Nath Mahato, son of Late Buddhu Mahato – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard Mr. R.S.P. Sinha, learned senior counsel appearing on behalf of the petitioner alongwith Mr. Rakesh Kumar Sinha, Advocate.
2. Ms. Archana Kumari, learned counsel appeared on behalf of the State.
3. Nobody is appearing on behalf of the private respondent in spite of service of notice.
4. The records of the case reveal that on 30.10.2015, an order was passed that in spite of service of dasti summons, the Respondent No.5 failed to appear in the present proceeding. However, with a view to give one more chance, the matter was adjourned for four weeks. Respondent No.5 has not entered appearance by filing Vakalatnama.
5. This writ petition has been filed for the following reliefs:-
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 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 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 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 Deputy Commissioner has the authority to entertain appeals under the Chota Nagpur Tenancy Act, and allegations of fraud and misrepresentation can justify such appeals, reinforcing the principle t....
The court affirmed that a revision petition under the ROR Act can be filed without a time limit, emphasizing the need for a fresh enquiry into land ownership claims, especially in cases of alleged fr....
The C.N.T. Act allows for power under Section 71A to restore land despite delays, focusing on socio-economic rights, with limitations not strictly applying to restoration claims.
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