Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Sohan Lal Mishra – Appellant
Versus
State Of Jharkhand, Through Secretary, Department Of Revenue & Land Reforms – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The subject matter of the present writ petition concerns a piece of land situated at Thana No. 564, Khata No. 18, Plot No. 66, measuring an area of 2.05 acres, located at Mausa Chaksirimisrbandh.
BACKGROUND FACTS:
3. The subject land was purchased by one Shanti Lata Sarkar through registered Sale Deed dated 16.10.1946 from Shivanand Brahmachari @ Bharat Chandra Chakravorty, Gurupita Swami Dhurv Nand Giri. The name of Late Shanti Lata Sarkar is duly recorded in the entries made in the Register-II.
4. Shanti Lata Sarkar died leaving behind her legal representatives namely Santosh Sarkar, Ashutosh Sarkar, Paritosh Sarkar, Bhabatosh Sarkar and Mantosh Sarkar (five sons) and five daughters namely Radha Rani Ghosh, Sudha Rani Mazumdar, Shobha Rani Nandi Mazumdar, Bibha Nandi Mazumdar and Nibha Rani Sinha.
5. In the meantime, Holding Tax Receipt is issued in the name of Anjan Sarkar (legal representative of Late Shanti Lata Sarkar). The Holding Tax Receipt was issued for the Financial Year 2016-17 and 2017-18 and legal representative of Late Shanti Lata Sarkar has deposited the Holding Tax. The Rent Receipts are duly issue
The Circle Officer lacked jurisdiction to issue prohibitory orders regarding property use, rendering such orders void and unenforceable.
Disputed questions of fact regarding land status cannot be resolved under writ jurisdiction, emphasizing the requirement for alternative legal pathways in private disputes.
The court emphasized that the possession of the petitioners shall not be disturbed unless an order of eviction is passed by a competent civil court following due process of law.
Protection of prohibited land and removal of illegal encroachments under the Rajasthan Tenancy Act, 1955.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
