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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Shankar Sahu, s/o. late Banarasi Sahu – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petitioner's request for writs against eviction notice. (Para 2) |
| 2. background of sar case and petitioner’s involvement. (Para 3 , 4) |
| 3. contention of respondent regarding delay in appeal. (Para 5) |
| 4. court’s directive to expedite consideration of appeal. (Para 6) |
| 5. interim order preventing eviction till appeal hearing. (Para 7 , 8) |
JUDGMENT :
(RAJESH SHANKAR, J.)
Learned counsel for the petitioner is directed to implead Scheduled Area Regulation Officer (S.A.R. Officer), Ranchi as respondent No. 5 in the cause-title of the present writ petition.
2. The present writ petition has been filed for following relief(s):
(i) For issuance of an appropriate writ(s)/order(s)/ direction(s) for quashing the Notice issued by respondent No. 3 in connection with Eviction (Dakhal-Dehari) Notice Case No. 35/2016-17 as contained in letter No. 164(ii) dated 04.02.2025 (Annexure-5), by which the petitioner has been directed to handover the possession of land appertaining to Khata No. 14, Plot No. 29, Area-0.5 kattha to the respondent No. 4 situated at Mouza-Chadri, Thana No. 199.
(ii) For issuance of an appropriate writ(s)/order(s)/ direction(s) for quashing the notice issued by respondent N
The court emphasizes the need for fair proceedings, asserting that a party should not be dispossessed while a related appeal is pending.
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....
A stay order on land restoration is invalid if issued without authority; clear evidence of dispossession must be presented for jurisdictional compliance.
The jurisdiction of the Minister under Section 49(5) of the Chota Nagpur Tenancy Act is contested, necessitating the maintenance of status-quo to avoid complications in ongoing litigation.
The C.N.T. Act allows for power under Section 71A to restore land despite delays, focusing on socio-economic rights, with limitations not strictly applying to restoration claims.
The jurisdiction of the Minister under Section 49(5) of the Chota Nagpur Tenancy Act is under scrutiny, necessitating maintenance of status-quo to prevent complications during ongoing litigation.
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