Citation : 2022 Latest Caselaw 4582 Jhar
Judgement Date : 16 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Writ Jurisdiction)
W.P. (C) No. 4313 of 2020
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Radha Devi & Others .... ..... Petitioners Versus The State of Jharkhand & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ............
For the Petitioners : Mr. Shree Nivas Roy, Advocate. For the Respondents/State : Ms. Piyushita Meha Tudu, A.C. to Mr. Ashok Kumar, AAG-IV.
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The matter is being taken up through Video Conferencing. Learned counsel for the parties have no objection with it and submitted that the audio and video qualities are good.
12/16.11.2022.
It appears that once a jamabandi is opened in the name of the petitioner, where is the power of the revenue authority under Bihar / Jharkhand Tenant's Holdings (Maintenance of Records) Act, 1973 to cancel the same. The only remedy lies in view of the judgment of Dilip Kumar Mahto Vs. State of Bihar & Ors., reported in 2001 SCC Online Jhar 310 / (2001) 1 JLJR 75 (HC) to move before the civil court of competent jurisdiction.
Learned counsel, Ms. Piyushita Meha Tudu, A.C. to learned counsel for the respondents / State, Mr. Ashok Kumar, AAG-IV is directed to inform the Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, as other matters with respect to same issues are being listed on 07.12.2022.
Put up this case on 07.12.2022 under the same heading. Till then, no action shall be taken for acquisition of raiyati land of the petitioner of Khata No. 35, Plot No. 802, measuring total area of 5 acres out of 32 acres for the construction of proposed Degree College, Giridih.
(Kailash Prasad Deo, J.) Sunil/-
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