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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Lagni Mundain, wife of late Arjun Tuti – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. procedural history of the writ petitions. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding restoration of land. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. court's analysis and ruling on land transfer. (Para 15 , 16 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37) |
| 4. ruling on the validity of the order and remand. (Para 38 , 39 , 40) |
| 5. final directions and status-quo order. (Para 41 , 43) |
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. This batch of writ petitions arise out of common order passed in S.A.R. Case No. 482 of 2007-08 against which SAR Appeal No. 111(R) 15 of 2012-13 was dismissed and then SAR Revision No. 02/2015 and 03/2015 were also dismissed. W.P. (C) No. 668 of 2015 was filed during the pendency of the revision petitions alleging that the S.A.R. officer had suo moto stayed the execution of order of restoration passed in S.A.R. Case No. 482 of 2007-08 without there being any order of stay from the competent authority. However, during the pendency of the aforesaid writ petition, the revision petitions were dismissed and the persons against whom the order of eviction was passed under section 71A of Chota Na
A stay order on land restoration is invalid if issued without authority; clear evidence of dispossession must be presented for jurisdictional compliance.
The Deputy Commissioner has the authority to entertain appeals under the Chota Nagpur Tenancy Act, and allegations of fraud and misrepresentation can justify such appeals, reinforcing the principle t....
The court emphasized the principle that interference with concurrent findings of fact should only occur if the authority acted without jurisdiction, in excess of its jurisdiction, or if the finding i....
The court emphasized the principle that restoration applications barred by res-judicata and limitation cannot be entertained, and that challenging permissions granted after a long lapse of time is im....
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