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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Ashok Ram Rajak, S/o. Matuk Ram Rajak @ Matuk Dhobi – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. absent respondents and matter under review (Para 1 , 2) |
| 2. writ petition filed against collector's orders (Para 3 , 4) |
| 3. arguments of petitioner and state respondent (Para 5 , 6 , 7 , 10) |
| 4. right of preemption and co-sharer role (Para 9 , 11) |
| 5. writ petition dismissed (Para 12) |
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Notices upon respondent nos. 6 to 8 have already been effected in light of the order dated 05.03.2024 and, thereafter the matter was adjourned on several times and in spite of that respondent nos. 6 to 8 have chosen not to appear.
2. In view of that, this writ petition is being heard in absence of respondent nos. 6 to 8.
3. Heard Mr. Kundan Kumar Ambastha, learned counsel for the petitioners, Ms. Shalini Shahdeo, learned counsel for the State and Mr. Rajeev Ranjan Tiwary, learned counsel for respondent nos.5(i) to 5(vi).
4. This writ petition has been filed under Article 226 of the Constitution of India for quashing the order dated 14.02.2008/18.03.2008 passed by the Additional Collector, Land Ceiling, Hazaribagh in Land Ceiling Appeal No.14 of 2007, contained in Annexure-6 of the writ petition, by which, the Additional Collector has allowed the appeal filed by
The court ruled that preemption claims over land classified as residential were not permissible under the Bihar Land Reforms Act, reinforcing that rights of preemption must be based on established co....
The High Court's supervisory jurisdiction under Article 227 does not extend to correcting factual determinations made by lower tribunals unless there is a clear abuse of discretion.
The main legal point established in the judgment is that the law does not recognize the right of pre-emption by a person claiming to be a superior adjoining raiyat to that of the purchaser who is als....
The repeal of Section 16(3) of the Ceiling Act does not affect previously executed sale deeds, emphasizing that completed transactions must be upheld despite procedural amendments.
The right of pre-emption under the Bihar Land Reforms Act is only exercisable for the first transaction, and the petitioner failed to establish co-sharer status.
The main legal point established in the judgment is the requirement for the court to issue a writ of certiorari in cases where there is a perversity in finding, particularly when the relevant facts h....
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