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2025 Supreme(Online)(Jhk) 4286

HIGH COURT OF JHARKHAND
JATRU ORAON – Appellant
Versus
THE STATE OF JHARKHAND. – Respondent
LPA 311 / 2025



IN THE HIGH COURT OF JHARKHAND AT RANCHI L.P.A. No. 311 of 2025 ----------

Jatru Oraon s/o Late Deva Oraon, aged about 75 years, resident of village & P.O.-Kamre, P.S.-Ratu, District-Ranchi, Jharkhand.

… … Appellant/Petitioner Versus

1. The State of Jharkhand.

2. The Principal Secretary, Department of Land and Revenue, having its office at Project Building, HEC, Hatia, P.O. Dhurwa, P.S. Dhurwa, District Ranchi.

3. The Commissioner, South Chhotanagpur, Ranchi, having its office at Commissioner Building, P.O.-Kutchahari, P.S.-Kotwali, District Ranchi.

4. The Deputy Commissioner, Ranchi, having its office at Collectrate Building, P.O.-Kutchahari, P.S.-Kotwali, District-Ranchi.

5. The Additional Collector, Ranchi, having its office at Collectrate Building, P.O.-Kutchahari, P.S.-Kotwali, District-Ranchi.

6. Special Area Regulation Officer, Ranchi, having its office at Collectrate Building, P.O.-Kutchahari, P.S.-Kotwali, District-Ranchi.

7. The Circle Officer, Ratu, having its office at Ratu, P.O. & P.S.-Ratu, District-Ranchi.

8. Smt. Tara Devi, wife of late Manohar Lal Choudhary

9. Prem Nath Choudhary son of Late Manohar Lal Choudhary.

10. Amar Nath Choudhary, son of Late Manohar Lal Choudhary.

Respondent No.8 to 10 all are resident of Sai Auto, TVS Show Room, Ratu Road, Sukhdeo Nagar, P.O.-Indrapuri, P.S. Sukhdeo Nagar, District-Ranchi.

… … Respondents/Respondents -------

CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE ARUN KUMAR RAI -------

For the Appellant : Mr. Manoj Kumar Choubey, Advocate Mr. Avnish Kumar Pathak, Advocate Mr. Niraj Kumar, Advocate For the Respondents : Mr. Shray Mishra, AC to AG ----------------------------

04/Dated: 10th December, 2025 Per Sujit Narayan Prasad, J.:

Prayer:

1. The instant appeal under Clause 10 of the letters patent is directed against the order dated 24.03.2025 passed by learned Single Judge of this Court in W.P.(C) No. 2833 of 2021, whereby and whereunder, the learned Single Judge of this Court has dismissed the writ petition by refusing to interfere with the orders passed by the authorities dated 25.08.2008 and 11.11.2016 passed in SAR Appeal No.17 R 15/2008-2009 and SAR Revision Case No.187 of 2008 respectively.

Facts:

2. The brief facts of the case, as per the pleadings in the writ petition which requires to be enumerated herein, read as under:

It is the case of the appellant-writ petitioner that the land of the petitioner stands " Bakast Bhuinhari Mahtoi" in Khewat No. 10/11 Khata No. 99 in the name Bhikha Oraon & others. The petitioner is the legal heir of the recorded Khewat holder. The private respondents came in possession over the land by playing fraud by making false document since last 10-11 years without any valid document before the filing of SAR case by petitioner.

It is the case of the appellant-writ petitioner that the claim of the private respondents over the land of the petitioner is based on the facts that the ancestors of the present petitioner transferred 12 decimal of the land in question to the private respondent on 15.03.1953 and accordingly the respondent came in possession of the same as rightful owner thereof, in the year 1967. When the ancestors of the appellant-writ petitioner started claiming the land in question, the respondent filed Title Suit No. 1105 of 1967 against them and ultimately the said suit was decreed in terms of compromise between the parties on 29.01.1968 and the private respondents, who were already in possession of the land since 1956, continued in possession thereof as rightful owner.

Thereafter, a petition U/s 71A of C.N.T. Act was filed by the petitioner with respect to Land situated at village Kamre P.S. No 144 present P.S. Ratu District Ranchi Under Khata No. 99 Plot No. 423 having an area of 08 decimal out of area 12 decimal against the opposite party in the Court of Special Area Regulation officer, Ranchi. The said petition was registered as S.A.R Case No. 934/03-04. The concerned respondent had considered the application of the petitione

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