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SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Ram Sewak Sahu – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal under clause 10 of the Letters Patent is directed against the order/judgment dated 14.08.2018 passed by the learned Single Judge of this Court in W.P.(C) No. 6437 of 2010, whereby and whereunder the learned Single Judge has refused to interfere with the order passed by the appellate as well as revisional authority by dismissing the writ petition.
2. The brief facts of the case as per the pleading made in the writ petition, which require to be enumerated herein, read as under:
The private respondents had filed an application for restoration of land under Khata No. 79, Plot Nos. 1116 and 1119 of Village Dighiya, P.S.-Bero, District-Ranchi under Chotanagpur Tenancy Act.
The plot no.1116 having area of 0.65 decimals of land of the aforesaid village was sold to Khaiya Sahu and Bodha Sahu in the year 1946 by Morha Oraon and Sukhu Oraon over which Bodha Sahu and Karu Sahu have constructed house and are residing over the same and Karu Sahu also constructed a house in the year 1948 on 0.03 acres of land over the said plot.
Two cases we
The main legal point established in the judgment is the requirement of substantial structure existing prior to the enactment of the Scheduled Area Regulation Act, 1969, as per the second proviso to S....
The Chhotanagpur Tenancy Act mandates that any transfer of land involving Scheduled Tribes requires prior approval from the Deputy Commissioner, and procedural errors in restoration applications do n....
The court established that the issue of limitation in restoration applications under the Chotanagpur Tenancy Act is a mixed question of law and fact that requires proper consideration and evidence, a....
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....
Land does not automatically vest in the landlord upon a Raiyat's intestate death; procedural safeguards must be followed for restoration under the Chotanagpur Tenancy Act.
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