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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE RAJESH SHANKAR, J
National Mineral Development Corporation (Nmdc) – Appellant
Versus
State Of Jharkhand Through Secretary, Department Of Revenue – Respondent
ORDER :
RAJESH SHANKAR, J.
1. The present interlocutory application has been filed on behalf of the petitioner for staying the operation of order dated 12.06.2023 (Annexure-6 to the writ petition) passed by the Presiding Officer-cum-Minister, Department of Scheduled Tribe, Scheduled Caste, Minority and Backward Class Welfare, Government of Jharkhand in Misc. Case No. 01 of 2021-22.
2. It appears from the impugned order dated 12.06.2023 that in addition to cancelling the transfer of land earlier made in favour of Rohne Coal Company Pvt. Ltd. (erstwhile allottee) as well as the jamabandi of the same running in its favour, the departmental Minister has directed the respondent no.2 to restore the land in favour of the raiyats and to issue them rent receipts after making necessary correction in the revenue records. Since the jurisdiction of the departmental Minister in exercising power under Section 49(5) of the Act, 1908 is still to be considered by this Court and if during the pendency of the writ petition, the revenue records are changed by the authorities by re-entering the name of the concerned raiyats relating to the land in question and the rent receipts are issued in their favour,
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 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 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 main legal point established in the judgment is the significance of impleading all relevant parties and challenging relevant orders in legal proceedings to ensure a fair and just decision.
The court established that khatedari rights under the Rajasthan Tenancy Act cannot be revoked without due process, and that administrative orders lacking legal foundation are void.
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....
State's delayed challenge to the land grant lacks merit as no substantiating evidence was presented, affirming the integrity of rights established over decades.
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