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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Bablu Toppo, son of Late Etwa Toppo – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petitioner's claim on tribal land ownership. (Para 2 , 3) |
| 2. mandatory provisions of section 49 of the cnt act. (Para 4 , 5) |
| 3. respondent's defense based on legality of land transfer. (Para 6 , 7) |
| 4. court discusses implications of statutory non-compliance. (Para 8) |
| 5. misuse of legal process by the petitioner. (Para 12 , 13) |
| 6. writ application dismissed with a warning. (Para 14) |
JUDGMENT :
DEEPAK ROSHAN, J.
Heard learned counsel for the parties.
2. The instant writ application has been preferred by the Petitioner praying therein for following reliefs :-
(a) That Hon’ble Court may be pleased to direct the respondents to cancel the map sanctioned by the respondent No-3 for construction of multistoried building over the tribal Kaimi/Raiyati land bearing Khata No. 7, Plot No-19, measuring area 80 (eighty) decimals and plot No. 20 measuring area 92 (ninety two) decimals total area 1.72 acres situated at Village- Gari, Anchal- Bargai, P.S -Sadar, District- Ranchi which is in possession of the present tribal petitioner and the said land was transferred illegally under Section 49 CNT Act in the name of the respondent No. 6 vide sale deed dated 16.03.1965 without payment of full
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....
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.
A compromise decree obtained in violation of the Chhotanagpur Tenancy Act is deemed fraudulent and cannot be relied upon for land restoration claims.
The deed of exchange is a valid ownership document for sanctioning a building map, and rejection based on the absence of a lease deed is arbitrary and illegal.
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