Pritam Singh And Ors vs State Of Jharkhand And Ors
2023 Latest Caselaw 97 Jhar

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                    W.P.(C) No. 4897 of 2006

                   Pritam Singh and Ors.                             ...      ...      Petitioners
                                            Versus
                   State of Jharkhand and Ors.                ...        ...        Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioners : Mr. Ajay Kr. Sah, Advocate For the Respondent-State : Mr. Ratnesh Kumar, S.C. (L&C) I

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07/04.01.2023 Learned counsels for the parties are present.

2. Learned counsel for the petitioners submits that in spite of service of notice, the private respondents have not appeared. Learned counsel for the petitioners submits that the two full brothers of the private respondents had earlier filed an application for restoration of land, which was acquired by the petitioners by virtue of a registered sale deed. The said application was ultimately decided by directing the petitioners to pay compensation. The petitioners duly paid the compensation. The appeal against the same for enhancement of compensation was dismissed for default.

3. He submits that thereafter the private respondents in the present case, who claimed to be full brothers of the two earlier applicants, filed fresh application for restoration of land. Learned counsel submits that the present application for restoration was barred by limitation and also barred by the principles of res judicata. However, he does not dispute the fact that the private respondents herein were not party in the earlier proceedings. Learned counsel submits that he shall further advance his arguments on the point of res judicata as well as on the point of limitation on the next date.

4. Learned counsel for the respondent State has submitted that he shall also examine the matter on the point of limitation and res judicata and particularly in a situation when the sale deed has been executed in alleged violation of provisions of Chotanagpur Tenancy Act, what would be the period of limitation for seeking restoration of possession in such cases.

5. The matter is directed to be listed on 16.01.2023 under the heading for 'Final Disposal'.

6. Let this matter be treated as part heard.

7. The parties are directed to file short synopsis of arguments, list of dates and also provide copies of the judgments on which they seek to rely upon, latest by 14.01.2023.

(Anubha Rawat Choudhary, J.) Saurav/