LATTU MAHTO Vs. STATE OF JHARKHAND
LAWS(JHAR)-2019-7-76
HIGH COURT OF JHARKHAND
Decided on July 31,2019

Lattu Mahto Appellant
VERSUS
STATE OF JHARKHAND Respondents




JUDGEMENT

SUJIT NARAYAN PRASAD,J - (1.)This writ petition is under Article 226 of the Constitution of India whereby and whereunder the following reliefs have been sought for:
"i.) "for quashing of the order dated 16.02.2017 (Annexure12), passed by the Learned Commissioner, North Chhotanagpur Division, Hazaribagh (Respondent No. 2), in Land Restoration Revision No. 62/2013, whereby and where under the revision preferred by the petitioners has been dismissed and the order dated 02.08.2013, passed by the learned Deputy Commissioner, Ramgarh (Respondent No. 3), in S.A.R. Appeal No. 22/2013 and order dated 21.06.2013, passed by the learned Land Reforms Deputy Collector, Ramgarh, S.A.R. Case No. 14/2012-13 were upheld:

ii.) For quashing of the order dated 02.08.2013 (Annexure-09), passed by the Learned Deputy Commissioner, Ramgarh, in restoration Appeal Case No. 22/2013, whereby and where under the appeal preferred by the petitioners has been dismissed in cryptic manner, without considering the facts and circumstances of the case:

iii.) For quashing of the order dated 21.06.2013 (Annexure-07), passed by the learned Land Reforms Deputy Collector, Ramgarh in Land Restoration Case No. 14/2012-13, whereby and where under the land of the petitioners situated in Mouja Kaitha, Thana No. 85, P.S.: Ramgarh, Khata No. 19, Plot No. 773, Area 1 acre restored in favour of Ramjatan Munda (Respondent No. 5), U/s 46 and 4A of the Chhotanagpur Tenancy Act, without considering the show-cause filed by the petitioners and on erroneous consideration saying that the order passed in Title Suit by the Civil Court having no value i.e., the erroneous consideration of the Land Reforms Deputy Co. lector, which is not tenable in the eye of law:"

(2.)The brief facts of the case of the petitioner as per the pleadings made in the writ petition is that the landed property in question pertaining to Plot No. 773, measuring an area of 2.22 acres under Khata No. 19, Village-Kaitha, Police Station and Thana-Ramgarh was recorded in the names of Jaylal Munda and Ghujja Munda and both are sons of Bhukhlal Munda during the last survey and settlement operation.
(3.)The said Ghujja Munda approached Hitlal Mahto for some money and for that in order to create security, a piece of land of an area of 1.00 acres towards East of Plot No. 773 under Khata No. 19 as has been indicted in the Title Suit No. 926 of 1964 has been given in possession of the petitioners, in consequence thereupon, a title suit was filed being Title Suit No. 926 of 1964 by the recorded tenant on 30.11.1964 for seeking the relief of declaration of right over the suit land, the defendants/the petitionesr herein be evicted from the suit land. The said title suit has culminated into a compromise decree vide decree signed on 27.01.1965.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.