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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rajesh Shankar
Nandlal Mahto – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. background of land dispute and previous rulings. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. court observations on authority and procedures. (Para 7 , 9 , 11 , 12 , 13 , 14) |
| 3. claims on possession based on mutation. (Para 8 , 10) |
| 4. no infirmity found in lower court's order. (Para 15) |
| 5. dismissal of writ petition with liberty to approach civil court. (Para 16 , 17) |
ORDER :
RAJESH SHANKAR, J.
1. The present writ petition has been filed for quashing the order dated 29th November, 2022 passed by the Deputy Commissioner, Ramgarh (respondent no. 2) in Miscellaneous Case No. 65/2022 (Annexure -4), whereby the application filed by the petitioner to provide security for demarcation of his land appertaining to Khata No.9, Plot No.118 measuring an area of area of 8.5 decimals and Khata No.9, Plot No.116 measuring an area of area of 6 decimals situated at village- Labga, P.O.- Balkurdra, Block- Patratu (hereinafter to be referred as the “said land”) as well as for construction of boundary wall over the same has been rejected. Further prayer has been made for issuance of direction upon the respondent nos.2 and 3 to provide security during demarcation of the said land and construction of boun
Revenue authorities cannot deliver possession of land or resolve title disputes without a competent court's order, emphasizing the need for judicial intervention in property rights enforcement.
Land dispute - Disputed questions of fact - Remedy available to the petitioner under the Land Revenue Act for seeking identification and demarcation of the land.
The court emphasized that the possession of the petitioners shall not be disturbed unless an order of eviction is passed by a competent civil court following due process of law.
Revenue authorities lack jurisdiction to determine land title disputes, which must be settled in civil courts, rendering related appeals maintainable under proper legal challenges.
The court does not entertain disputed questions of title and possession under Article 226 of the Constitution of India and dismisses the petitioner's prayer for restoration of possession.
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