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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Vipul Munjal S/o Harish Munjal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant writ petition has been filed praying, inter alia, for quashing of the entire proceedings being SAR No. 52/2024-25, initiated by the Court of Special Regulation Officer, initiated under Section 71A of the Chotanagpur Tenancy Act, 1908 vide notice bearing number 340 dated 19.10.2024.
3. Mr. Prashant Pallav, assisted by Mr. Parth Jalan, learned counsels representing the petitioners submit that the land appertaining to Khata No. 31, Plot No. 28 (corresponding to MS Plot No. 1226) admeasuring an area of 1.41 acres in village-Siram (hereinafter referred to as the scheduled land) was in the continuous and peaceful possession of the Petitioners since 1946. The ancestor of the Petitioners namely Jiwal Lal, took permission from then Deputy Commissioner under the provisions of the Chotanagpur Tenancy Act, 1908 and purchased the land from the recorded raiyat (i.e. ancestors of Domba Oraon) by execution of a registered sale deed on 20.7.1960.
It has been submitted that soon thereafter a suit being Original Suit No. 109 of 1961 was filed by the legal heirs of Domba Oraon against their co-sharers i.e. the legal heirs
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.
Established rights to land tenure under Chhotanagpur Tenancy Act are protected against late claims, affirming the finality of earlier judgments.
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 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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