Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M. S. RAMACHANDRA RAO, C.J., DEEPAK ROSHAN
Lattu Mahto – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Deepak Roshan, J.)
This Intra Court Appeal is directed against the judgment passed by learned Single Judge in W.P.(C) No. 2276 of 2017, whereby the prayer of the petitioners-appellants has been dismissed.
2. Learned counsel for the appellants had preferred the writ application for the following reliefs:
“i.) For quashing of the order dated 16.02.2017 (Annexure 12), passed by the Learned Commissioner, North Chhotanagpur Division Hazaribagh (Respondent No.2), in Land Restoration Revision No.62/2013, whereby & where under the revision preferred by the petitioners has been dismissed and the order dated 02.08.2013, passed by the learned Deputy Commissioner, Ramgarh (Respondent No.3), in S.A.R. Appeal No.22/2013 and order dated 21.06.2013, passed by the learned Land Reforms Deputy Collector, Ramgarh, S.A.R Case No. 14/2012-13 were upheld:
ii.) For quashing of the order dated 02.08.2013 (Annexure-09), passed by the Learned Deputy Commissioner, Ramgarh, in restoration Appeal Case No.22/2013, whereby and where under the appeal preferred by the petitioners has been dismissed in cryptic manner, without considering the facts & circumstances of the case:
iii.) For quashing of the order da
A compromise decree obtained in violation of the Chhotanagpur Tenancy Act is deemed fraudulent and cannot be relied upon for land restoration claims.
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.
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.
A stay order on land restoration is invalid if issued without authority; clear evidence of dispossession must be presented for jurisdictional compliance.
Compromise decrees are binding unless legally challenged, and mere allegations of fraud do not invalidate established agreements without sufficient proof or a court ruling to the contrary.
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
