Citation : 2022 Latest Caselaw 3617 Jhar
Judgement Date : 9 September, 2022
IN THE HIGH COURT OF JHARKHAND, RANCHI
Cr.M.P. No. 2527 of 2022
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Madhu Chhanda Mishra ..... Petitioner
-- Versus --
The State of Jharkhand and Anr. ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner :- Mr. Aashish Kumar, Advocate For the State :- Mrs. Kumari Rashmi, Advocate
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2/09.09.2022 The learned counsel for the petitioner submits that the
petitioner is the purchaser of the land in question. He further submits
that as per the mutual arrangement between the recorded raiyats and
their possession as per the same, lands in plot no.386 and 388 have
been recorded in possession of Harendra Nath Saha and Dhirendra Nath
Saha in the remarks column of the Khatiyan. The Khatiyan has been
brought on record as Annexure-2. He submits that Pratima Banerjee got
her name mutated in Mutation Case No.113/97-98 and since then she
had been in possession of the said purchased land on payment of rent to
the State and Pratima Banerjee has transferred by way of gift to Sandeep
Banerjee the accused no.3 in the complaint and the said Sandeep
Banerjee has transferred the land in favour of the petitioner.He submits
that the case of the petitioner is fully covered in the light of the judgment
of the Hon'ble Supreme Court in the case of Md. Ibrahim and Ors. Vs.
State of Bihar and Anr., (2009) 8 SCC 751.
Let notice be issued upon O.P.No.2 by registered post with
A/d as well as under ordinary process for which requisites etc. must be
filed within two weeks.
No coercive steps shall be taken against the petitioner in
connection with Complaint Case No.190 of 2022, Dhalbhumgarh P.S.Case
No.41/2021, pending in the court of S.D.J.M, Ghatshila, till next date.
Poste on 19.12.2022.
( Sanjay Kumar Dwivedi, J.)
SI/
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