Back
SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Dilip Singh, s/o Sri Keshri Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Shree Chandrashekhar, A.C.J.
The writ petitioner has challenged the order dated 20th September 2021 passed in W.P.(C) No. 2237 of 2015. This was the second writ petition filed by the appellant to challenge the eviction notice dated 24th July 2014 requiring him to vacate Zarina villa within twenty-four hours.
2. The writ petition has been dismissed primarily on the ground of suppression of material facts. The property in dispute is a leasehold property within Plot Nos.428 and 678 in Holding No.176 of village Sarley (Thana No.159) in the district of Hazaribagh. This property is a Khas Mahal Estate spread over 1.35 acres which was given to Mrs. Zarina Hamid through an indenture of lease for a fixed period. Mrs. Zarina Hamid died issueless and her brother Sabir Ali came in possession of the subject-property. After his death, the subject-property devolved to his legal heirs Fazle Ali, Shaukat Ali and Asma Khatoon. The respondents have pleaded that Shaukat Ali and Asma Khatoon left for the United States of America and the subject-property came under the overall control of Fazle
Point of Law : Tenant - Unauthorized occupation of Property - Possession of - Possession can be resumed by government only in a manner known to or recognised by law and it cannot resume possession ot....
The main legal point established is that the transfer of control and ownership of the land to the Military Department and later to the Union of India, as well as the principle of deemed admission, in....
Once land has been acquired, it cannot be restored to tenure- holders/persons interested, even if it is not used for the purpose for which it is so acquired. Once possession of land has been taken, i....
The judgment establishes the principle that in statutory proceedings, the Authorities can incidentally go into the question of title to determine the proceedings before them, but the question of titl....
Eviction without adherence to due process and legal requirements, such as prior notice, is arbitrary and illegal, reaffirming licensee rights under statutory provisions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
