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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE RAJESH SHANKAR, J
Rohne Coal Company Pvt. Ltd. – Appellant
Versus
Union Of India – Respondent
ORDER :
RAJESH SHANKAR, J.
1. Learned counsel for the petitioner submits that the Presiding Officer-cum-Minister, Department of Schedule Tribe, Schedule Caste, Minority and Backward Class Welfare, Government of Jharkhand has no jurisdiction to entertain the application filed by the private respondents (respondent nos.6 to 10) under Section 49(5) of the Chota Nagpur Tenancy Act, 1908. Moreover, the issue with respect to the jurisdiction of Departmental Minister to cancel the transfer of land made by the concerned raiyats in favour of the petitioner exercising the power under Section 49(5) of the Act, 1908 is pending consideration before this Court in W.P.(C) No.2693 of 2021 preferred by the petitioner itself.
2. Issue notice to the respondents.
3. Mr. Anil Kumar, learned A.S.G.I., appears and waives notice
4. Mr. Shray Mishra, learned A.C. to A.G., appears and waives
5. Mr. Amrendra Pradhan, Advocate appears and waives notice on behalf of the respondent no.5.
6. The necessity of the issuance of notice upon the respondent nos.6 to 10 will be considered after filing of respective counter affidavits on behalf of the aforesaid respondents.
7. Put up this case under appropriate heading after six
The jurisdiction of the Minister under Section 49(5) of the Chota Nagpur Tenancy Act is under scrutiny, necessitating maintenance of status-quo to prevent complications during ongoing litigation.
The jurisdiction of the Minister under Section 49(5) of the Chota Nagpur Tenancy Act is contested, necessitating the maintenance of status-quo to avoid complications in ongoing litigation.
The court ruled that maintaining the status-quo over the land is essential to prevent complications during ongoing proceedings regarding jurisdiction under the Jharkhand Land Revenue Act.
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 court affirmed that the Deputy Commissioner's sanction for land transfer under the Chotanagpur Tenancy Act complied with statutory requirements, dismissing the petitioner's claims of illegal tran....
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