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SHREE CHANDRASHEKHAR, NAVNEET KUMAR
State of Jharkhand, through the Secretary, Revenue, Registration and Land Reforms Department – Appellant
Versus
Md. Zulfan Ansari, son of Late Muslim Ansari – Respondent
JUDGMENT :
Shree Chandrashekhar, A.C.J.
The Interlocutory Applications filed for condoning the delay in preferring the present Letters Patent Appeals are taken up for hearing.
2. After hearing the learned counsels for the parties and considering the facts and circumstances in these cases and also after going through the cause shown in these Interlocutory Applications seeking condonation of delay, we find sufficient ground to condone the delay in preferring the present Letters Patent Appeals and, accordingly, I.A. No. 7250 of 2023 in L.P.A. No. 318 of 2022, I.A No. 7246 of 2023 in L.P.A. No. 319 of 2022, I.A. No. 7248 of 2023 in L.P.A No. 320 of 2022, I.A No. 7247 of 2023 in L.P.A No. 369 of 2022 and I.A No. 7249 of 2023 in L.P.A No. 406 of 2022 are allowed.
3. In this batch of the Letters Patent Appeals, the State of Jharkhand seeks to challenge the orders passed by the writ Court on the ground that the disputed questions of fact as regards the right, title and interest in a landed property cannot be adjudicated in a writ proceeding and, that too, when serious allegations of forgery
[The court established that disputes regarding land rights, especially those involving allegations of forgery and conflicting claims, must be resolved in civil courts rather than through writ petitio....
The judgment emphasizes the importance of continuous rent receipts and evidence of possession in validating land settlements under the Bihar Land Reforms Act, 1950. It also highlights the significanc....
- It is well, nay, settled position of law that the writ jurisdiction can be invoked only against the final orders of lower authorities, Courts or Tribunals and that too if an effective and alternati....
The main legal point established is the finality of litigation and the legal certainty conferred by the judgment and decree in favor of the petitioner, along with the award from the Permanent Lok Ada....
Extraordinary writ jurisdiction under Article 226 is discretionary and can be denied due to unreasonable delay in seeking relief.
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