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ANIL KUMAR CHOUDHARY
Mahabir Gupta, S/o. Ugan Saw – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. Notice has validly been served upon the respondent no.4. Hence, service of the notice upon the respondent no.4 is sufficient.
3. This Writ Petition has been filed under Article 226 of the Constitution of India with a prayer to issue of appropriate writ(s), order(s), direction(s) to quash the order dated 12.04.2016 passed in S.A.R. Appeal No.52R 15/2014-15 passed by the respondent no.2-Deputy Commissioner, Ranchi whereby and where under, the order passed by the S.A.R. Officer, Ranchi in S.A.R. Case No.306 of 2012-13; whereby the land, which is the subject matter of the appeal concerned, has been directed to be restored in favour of the pro-forma respondent of the appeal.
4. The brief fact of the case is that the respondent filed a petition under Section 71A of Chota Nagpur Tenancy Act, 1908 in the court of S.A.R. Officer, Ranchi being the respondent no.3 of this writ petition for restoration of the land measuring 2 katha of Mouza-Hehal, P.S.-Sukhdeonagar, Thana No.203, Khata No.80, plot no. 1517, Dist.-Ranchi alleging that the same has been occupied by the petitioner forcibly and the petitioner has been claiming that he is the
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....
Established rights to land tenure under Chhotanagpur Tenancy Act are protected against late claims, affirming the finality of earlier judgments.
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 adherence to principles of natural justice is essential in administrative and quasi-judicial proceedings, particularly in landlord-tenant disputes, where parties must be gi....
The main legal point established in the judgment is that the appeal under Section 20 of the Act of 1975 was not maintainable as the order was passed under Section 9-A, which was non-appealable. The j....
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....
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