SARASWATI DEVI Vs. STATE OF JHARKHAND : COMMISSIONER, SOUTH CHOTANAGPUR DIVISION
LAWS(JHAR)-2009-12-144
HIGH COURT OF JHARKHAND
Decided on December 17,2009

SARASWATI DEVI Appellant
VERSUS
State Of Jharkhand : Commissioner, South Chotanagpur Division, Ranchi : Deputy Commissioner, Ranchi : Special Officer, Scheduled Area Regulation, Ranchi : Sanicharia Respondents

JUDGEMENT

- (1.) HEARD the parties.
(2.) IN this writ application, the prayer has been made for quashing the order dated 26.12. 2000 passed by the Special Officer, Scheduled Area Regulation, Ranchi, in S.A.R. Case No. 231 of 1988 -89 contained in Annexure -4, by which the order for restoration has been passed in respect of the land measuring an area of 7 Kathas, out of plot no. 614 of khata no. 3, situated at Mouza Hesal, in the district of Ranchi, in favour of respondent no.5 under section 71A of the Chotanagpur Tenancy Act and for quashing the order dated 3.9.2001 passed by the Deputy Commissioner, Ranchi, dismissing the S.A.R. Appeal No. 177 of 2000 -2001 contained in annexure -5 and also for quashing the order dated 29.4.2002 passed by the Commissioner, South Chotanagpur Division, Ranchi, in S.A.R. Revision No. 25 of 2002 contained in Annexure -6 to the writ application. An application under section 71A of the Chotanagpur Tenancy Act was filed by the husband of respondent no.5 late Somra Oraon, claiming restoration of the land in question stating, inter alia, that he acquired the said land by purchase through registered deed of sale in the year 1937 and came in possession thereof, but was illegally dispossessed of the same by the petitioner.
(3.) AFTER notice, the writ petitioner appeared before the Special Officer and filed his show cause stating therein that the land in question was acquired by Jangli Lohra, father of the petitioner in the year 1930 from the ex -land -lord on account of service rendered by her father and thereafter the petitioner constructed house and other structures over the same and remained in possession so long alive and after his death the petitioner being the only daughter inherited the same and came in possession thereof and her name was duly mutated in the office of the Municipal Corporation and she is regularly paying tax in her own name. There was no contravention of any of the provisions of the Chotanagpur Tenancy Act.;


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