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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Pervas Lal Rawat, son of late Anokhe Lal Rawat – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash land transfer orders. (Para 2 , 3 , 5) |
| 2. petitioner claims lack of notice and compensation. (Para 4) |
| 3. respondents assert land ownership and document issues. (Para 6 , 7 , 8) |
| 4. court finds no relief due to document veracity issues. (Para 9) |
| 5. writ application dismissed without costs. (Para 10) |
JUDGMENT :
Heard learned counsel for the parties.
2. The instant writ application has been preferred by the Petitioner praying therein for quashing of the order issued under Memo no. 39(Chh)01/2016 dated 14/03/2016, (Annexure-8); by which in Circle-Domchanch in Village Karakhut, Thana No.353 under Khata no.114 being Khasara No. 1658 comprising an area 5 Acres land was transferred out of 22 Acre 52 Decimals (hereinafter to be referred as the Land)for construction of Girls residential School. Petitioner has also assailed the order dated 08/02/2018 (Annexure-10), passed by the 3rd Respondent without issuance of any notice to the petitioner although the land in question was settled by one Bunda Bai Wife of Nathan Lal Rawat in the name of Late Anokhe Lal Rawat, father of petitioner.
Petitioner has also prayed for a direction upon the concerned Respondent to
The High Court found that disputes regarding land ownership and document validity should be resolved in civil court, not through writ proceedings, due to the unreliability of the petitioner's documen....
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.
Prevention of encroachment on common land - Absence of any such order from competent authority qua acceptance of offer made for seeking exchange of land, attestation of mutations, on this count alone....
Extraordinary writ jurisdiction under Article 226 is discretionary and can be denied due to unreasonable delay in seeking relief.
Point of Law : High Court shall not go into any question arising out of the disputed facts - Respondents cannot be permitted to both approbate and reprobate.
Point of Law : High Court shall not go into any question arising out of the disputed facts - Respondents cannot be permitted to both approbate and reprobate.
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