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SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Kunti Devi W/o Late Balendu Prasad Sharma – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
1. The instant intra-court appeal, preferred under Clause 10 of the Letters Patent, is directed against the order/judgment dated 06.04.2018 passed by learned Single Judge of this Court in W.P.(C) No. 135 of 2011 whereby and whereunder the prayer for quashing of the order dated 11.07.1996 passed by the Special Officer Schedule Area Regulation, Ranchi in S.A.R. Case No. 243 of 1990-91 whereby restoration of an area of 44 Katthas of land appertaining to part of R.S. Plot No. 191, under Khata No. 34 of Village Hehal, P.S. No. 203 Ranchi, Police Station Sukhdeonagar, District Ranchi has been ordered to be restored to the private respondents 4 to 8, as also quashing of order dated 12.09.1997 passed by the Deputy Commissioner, Ranchi in S.A.R. Appeal No. 47 R 15/1996-97/DCTR 314 R 15 of 1996- 97 and order dated 20.12.2010 passed by the respondent no. 1 in Ranchi Revenue Revision No. 323 of 1997, has been rejected while dismissing the writ petition.
2. Brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under:
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.
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....
Established rights to land tenure under Chhotanagpur Tenancy Act are protected against late claims, affirming the finality of earlier judgments.
Proceedings under Section 71A of the Chotanagpur Tenancy Act cannot be maintained after unreasonable delay, and principles of res judicata apply to prevent re-litigation of settled matters.
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