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2023 Supreme(Jhk) 957

SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Moti Mahto, son of late Nathu Mahto – Appellant
Versus
State of Bihar (now the State of Jharkhand) – Respondent


Advocates Appeared:
For the Appellant : Mr. Sanjay Kumar Sinha.
For the State of Jharkhand : Mrs. Vandana Singh.

JUDGMENT :

(Shree Chandrashekhar, J.)

Moti Mahto who was aggrieved by the orders dated 13th June 1988/5th August 1988 passed by the Deputy Commissioner and 30th May 1997 passed by the Commissioner, who is the appellate authority, approached the writ Court in CWJC No.730 of 1998(R). The writ Court declined to interfere with the orders passed by the statutory authorities under the Urban Land (Ceiling and Regulation) Act, 1976 (in short, Ceiling Act). Aggrieved by the order dated 8th February 2021 dismissing the writ petition, Moti Mahto has filed this Letters Patent Appeal.

2. The writ Court did not interfere with the orders passed by the statutory authorities primarily for the reason that the appellant could not produce any evidence to demonstrate that the nature of the lands on Plot Nos. 1248, 1529, 1511, 1287, 1292, 1299, 305, 1315 and 1251 spread over an area of 05.38 acres within Khata No.60 of village Gari under Sadar PS in the district of Ranchi was agricultural land and, that, he was in possession over the subject lands. The writ Court further held that possession of the subjec

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