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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Jag Narayan Singh, son of Late Sarju Prasad Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(ANUBHA RAWAT CHOUDHARY, J.)
Heard the learned counsel appearing on behalf of the parties.
2. This writ petition has been filed for the following reliefs:
“That the instant writ application is for issuance of an appropriate writ, order or direction from this Hon’ble Court for quashing the order dated 5.5.2003 passed by the respondent no.2 in Ranchi S.A.R. Revision No.73 of 2002 contained in Annexure – 4 affirming the order dated 3.6.2002 passed by the respondent no.3 in Case No.175 R15/97-98 contained in Annexure – 3 and the order dated 26.8.97 contained in Annexure – 2 passed by the respondent no.4 in S.A.R. Case No.222/90-91 passed by the respondent no.4 restoring the land in question under section 71A of the Chotanagpur Tenancy Act in favour of the respondent no.5.”
Argument of the petitioner.
3. The learned counsel for the petitioner has submitted that as per Second proviso of Section 71A of Chota Nagpur Tenancy Act, 1908 ( hereinafter referred to as CNT Act) where a substantial structure or building on holding is available prior to coming into force of Bihar Schedule Area Regulation 1969, it is open to the Deputy Commissioner to validate such transfer where the transferee
The court established that evidence of chaparbandi status must be considered in administrative decisions regarding land restoration under the Chotanagpur Tenancy Act.
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 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....
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 Chhotanagpur Tenancy Act mandates that any transfer of land involving Scheduled Tribes requires prior approval from the Deputy Commissioner, and procedural errors in restoration applications do n....
Established rights to land tenure under Chhotanagpur Tenancy Act are protected against late claims, affirming the finality of earlier judgments.
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....
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