IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J.
Pranami Estates Pvt. Ltd. - Appellant
Versus
The State of Jharkhand – Respondent
Civil Review No.22 of 2022
Decided on : 20-08-2025
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. arguments regarding the necessity of permission under c.n.t act. (Para 15 , 16 , 17 , 18 , 19) |
| 3. court's reasoning on necessity of deputy commissioner's permission. (Para 22 , 36 , 38 , 39) |
| 4. review principles and constructive res judicata. (Para 24 , 25 , 46 , 48) |
| 5. final determination of the review petition. (Para 50 , 51) |
Prayer:
SUJIT NARAYAN PRASAD, J.
1. The present review petition has been filed seeking review/modification of the order dated 16.12.2021 passed in W.P(C) No.3768 of 2013 by this Court whereby and whereunder the writ petition was dismissed declining to interfere with the order impugned dated 14.12.2011 passed by the Deputy Commissioner, Ranchi in S.A.R. Appeal No.07 of 2010.
Factual Matrix:
2. The brief facts of the case as per the pleadings made in the writ petition as also referred in the order sought to be reviewed needs to refer herein which reads as under:
(i) That one Jatru Oraon, son of recorded Raiyat Bodho Oraon alias Bocho Oraon, voluntarily surrendered 4.94 acres of land including the land under the present proceeding of Khata No. 102 under Khewat No.2, situated at Village Simalia, P.S. Ranchi, Thana No. 139, District Ranchi to the then landlord Kumar Brijendra Nath Shahdeo, son of late Thakur Mahendra Nath Shahdeo by virtue of a Registered Deed of Surrender being Deed No. 5684 dated 23.09.1954 and put the said landlord in possession since the said date of surrender and the land so surrendered became Bakast land of the then landlord. Thereafter, the said landlord settled 45.86 acres of land including the aforesaid land to one Shaildhari Lal (since deceased) by virtue of a registered perpetual lease deed being Deed No. 6739 dated 20.12.1954 and put the said Settlee in possession since the date of Settlement who got his name mutated in the Serista of the State of Bihar through the Circle Office, Kanke vide Mutation Case No. 400R27 of 1956-57 and has regularly paid rent to the State thereafter and the said Settlee, Shaildhari Lal constructed other structures including building and boundary wall over the land in question.
(ii) That the said Settlee, Shaildhari Lal remained in peaceful, continuous and uninterrupted possession of the land so long alive and after his death, his widow, Nilika Lal and his son, Sanjeev Tandon Lal inherited the property by succession and got their names mutated in the Serista of the State of Jharkhand through the Circle Office, Kanke Anchal, Ranchi vide Mutation Case No. 1925R27 of 2005-06. Out of the said property thus inherited, the said Nilika Lal and Sanjeev Tandon Lal sold 0.85 acres of land of R.S. Plot No. 1911 of Khata No. 139 under Khewat No. 2 to the petitioner company by virtue of a Registered Deed of Sale dated 07.09.2006 being Deed No. 13192 for a valuable consideration and put the petitioner company in possession of the same and the petitioner company is in possession of the same since the date of purchase and has constructed boundary wall and other substantial structures on the land.
(iii) That in the year 2007, the respondent nos. 5 to 8 herein filed a case being S.A.R. Case No. 317 of 2007-08 against the vendors of the petitioner company namely, Nilika Lal and Sanjeev Tandon Lal, widow and son respectively of the said Settlee, Shaildhari Lal claiming restoration of 0.94 Acres of land of R.S. Plot No. 1911 of Khata No. 102, situated at village Simalia, P.S. Ranchi (now Ratu), District-Ranchi. In the said proceeding, an ex-parte order was initially passed on 29.08.2008 by the Ld. Special Officer, Scheduled Areas Regulation, Ranchi against the opposite parties therein i.e., Nilika Lal and Sanjeev Tandon Lal, the vendors of the petitioner company for non-appearance in the aforesaid matter even after being served with notice to file their reply/objection.
(iv) That after learning about the said ex-parte order passed in S.A.R. Case No. 317 of 2007-08, the petitioner company filed an application under Order
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