IN THE HIGH COURT OF JHARKHAND AT RANCHI
Justice Deepak Roshan, J
Mahendra Kumar Singh, S/o late Panchanan Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. The instant writ application has been preferred by the petitioner praying therein for quashing the Order dated 27.12.2023 (Annexure-8) passed by the Deputy Commissioner, Ranchi, wherein the claim of the petitioner for removal of land bearing Sub Plot No. 183/A (R.S. Plot No. 183), Sub-Plot No. 183/A/1 under Khata No. 113/119, P.S. No. 140 in Mauza Bajra, Anchal Hehal, PS Sukhdeo Nagar, District Ranchi admeasuring 5 (five) decimals from the “Prohibited List” has been rejected.
2. The brief facts of the case are that the subject matter of the dispute is related to land bearing Sub Plot No. 183/A (R.S. Plot No. 183), Sub-Plot No. 183/A/1 under Khata No. 113/119 that was purchased by the father of the petitioner vide Sale Deed dated 12.09.1985 and thereafter, the name of the petitioner was duly entered in the Register II. When the petitioner tried to sell the subject land, he was informed in the Registry Office that the subject land has been put in the “Prohibited List” and was further not responded by the Resp. No. 2 and 3 against his representation made to them, the petitioner had filed a writ petition WP(C) No. 273 of 2023.
Thereafter, when the respondent
Brinda Devi Agarwal Vs. State of Jharkhand, W.P.(C) No. 847 of 2023, dated 13th December
Property rights are constitutional rights under Article 300A and cannot be infringed without due process and adherence to natural justice principles.
The inclusion of land in a prohibited list without due process violates property rights and natural justice principles, requiring procedural fairness in administrative actions.
The right to property is a constitutional right that cannot be deprived without due process, and administrative actions affecting property rights must adhere to natural justice principles.
Inclusion of property in a prohibited list without notice violates the right to property and principles of natural justice under Article 300A, rendering such administrative actions arbitrary and ille....
Inclusion of land in a prohibited list without notice violates natural justice, affecting property rights and necessitating adherence to due process.
The inclusion of land in the prohibited list of NGDRS without due process violates principles of natural justice and affects property rights, requiring adherence to legal procedures.
The right to property is a constitutional right that cannot be deprived without due process and adherence to principles of natural justice.
State authorities cannot arbitrarily deny property rights or issue rent receipts without following due process, violating established judicial precedents.
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