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2023 Supreme(Online)(JHK) 9570

HIGH COURT OF JHARKHAND
Mr. Justice Shree Chandrashekhar, Mr. Justice Ratnaker Bhengra, JJ
RAGHUNATH SINGH MUNDA – Appellant
Versus
THE COMMISSIONER SOUTH CHHOTANAGPUR DIVISION – Respondent


Oral Order

10 th July 2023 

Per, Shree Chandrashekhar, J.

The original applicant who filed restoration application vide RM Case No.76 of 1994-95 is aggrieved of the order dated 12 th December 2018 passed in WP(C) No.5308 of 2013 by which the revisional order dated 16 th July 1997 has been quashed and thereby RM Case No.76 of 1994-95 stands allowed.

2. RM Case No.76 of 1994-95 was instituted on an application filed by Raghunath Singh Munda seeking restoration of the lands comprised under Plot Nos. 998, 1072 and 1076 in village Guchidih. The applicant who is the appellant before us claimed that the subject lands belong to his uncle who acquired ex-khuntkatti rights. Baijnath Mahto who was the opposite party in the aforesaid restoration case however laid a claim over the subject property on the ground that the subject property was given to him for converting it into cultivable land by way of Korkar. The restoration case was dismissed and the appeal preferred by the appellant vide Appeal No. 455 R15 of 1996-97 was also dismissed.

3. The appellate authority has held as under:

“Heard the learned Advocates of both the parties and perused the lower court record and the order passed by the learne

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