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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR
Nirmala Mishra, W/o Late Vijay Kumar Mishra – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. validity and circumstances of land purchase (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding residential land claims (Para 5 , 6 , 7) |
| 3. scope of high court's supervisory jurisdiction (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. consideration of evidence in land classification (Para 14 , 15 , 16 , 18) |
| 5. conditions for pre-emption under the act (Para 17 , 19) |
| 6. final dismissal of writ petition (Para 20 , 21) |
JUDGMENT :
1. The present writ petition has been filed for quashing the order dated 02.09.2020 passed by the Additional Collector, Palamau- respondent no.3 in Land Ceiling Appeal Case No.XV/13 of 2017-18, whereby the appeal filed by the respondent no.5 was allowed, setting aside the order dated 08.06.2017 passed by the Deputy Collector Land Reforms, Chhattarpur (Palamau)-respondent no.4 in Land Ceiling Case No.02 of 2016-17. Further prayer has been made for quashing the order dated 28.09.2022 passed by the Member, Board of Revenue, Jharkhand, Ranchi-respondent no.2 in Revision Case No. 24 of 2020, whereby the revision petition filed by the petitioners has been dismissed.
2. Learned counsel for the petitioner submits that the respondent no. 5 purchased the land measuring an area o
The High Court's supervisory jurisdiction under Article 227 does not extend to correcting factual determinations made by lower tribunals unless there is a clear abuse of discretion.
The court ruled that preemption claims over land classified as residential were not permissible under the Bihar Land Reforms Act, reinforcing that rights of preemption must be based on established co....
[The right of pre-emption under Section 16(3) of the Bihar Land Reforms Act requires the claimant to provide evidence of co-sharer status, and the absence of such evidence renders the application inv....
The main legal point established in the judgment is the requirement for the court to issue a writ of certiorari in cases where there is a perversity in finding, particularly when the relevant facts h....
The main legal point established in the judgment is that the law does not recognize the right of pre-emption by a person claiming to be a superior adjoining raiyat to that of the purchaser who is als....
The right of pre-emption under the Bihar Land Reforms Act is only exercisable for the first transaction, and the petitioner failed to establish co-sharer status.
The court emphasized that the right to pre-emption is weak in law and can be declined in appropriate cases.
Imposition of Ceiling on Land Holdings Act does not permit retroactive scrutiny of land transfers pre-dating statutory cut-off; failure to follow judicial precedents constitutes a breach of natural j....
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