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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Defence Estate Officer (Earlier designated as Military Estate Officer) – Appellant
Versus
Shobha Karnad, widow of late Jayant Karnad – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal under Clause 10 of the Letters Patent is directed against the judgment/order dated 18.03.2009 passed in W.P(C) No.1903 of 2007whereby and whereunder the Learned Single Judge was pleased to allow the writ petition and held that the Respondent/Writ Petitioner is entitled to the release of the property in his favour, directing the Appellant/Respondents to hand over the land in question to the Respondent/Writ Petitioner without any further delay.
Factual Matrix
2. The brief facts of the case as per the pleadings made in the writ petition as has been asserted in the memo of appeal, as also various affidavits filed and the counter-affidavit filed on behalf of the appellant needs to be referred herein which reads as under:
(i) A piece of land is in physical possession of the appellant measuring 4.46 Acres bearing M.S. Plot No. 557 situated at Morabadi, Booti Road, Ranchi.
(ii) The said land was owned and possessed by one B.M.Lakshman Rao, maternal grand-father of the original writ petitioner occupied by the authorities of the Army in the year 1943 but the occupation of the land was admitted by the Army only with effect from 1.4.1946.
(iii
Writ jurisdiction cannot resolve disputed property titles; such matters should be settled through civil courts, as per the Requisitioning and Acquisition of Immovable Property Act, 1952.
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