Jharkhand High Court
Matwa Devi vs Khageshwari Devi And Others on 17 October, 2025
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S. A. No. 161 of 2025
Matwa Devi ... ... Appellant
Versus
Khageshwari Devi and Others ... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Appellant : Mr. Rohitashya Roy, Advocate
For the Respondents :
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05/17.10.2025
1. Heard the learned counsel for the appellant.
2. He has submitted that the learned 1st appellate court has
reversed the judgment of the learned trial court primarily by referring
to Section 43 of Bihar Land Reforms (Fixation of Ceiling Area and
Acquisition of Surplus Land) Act, 1961. He has also submitted that by
virtue of order passed under Section 16 of the aforesaid Act, sale deed
was executed but the statutory provisions were not followed and
consequently, the plaintiffs challenged the order passed under Section
16 before the learned Civil Court and also claimed title over the
property. He submits that the in such circumstances the jurisdiction of
the Civil Court is not ousted. He has also submitted that the judgment
passed by the Hon'ble Supreme Court reported in AIR 1970 SC 1298
[State of West Bengal vs. Indian Iron and Steel Company Limited]
and reported AIR 1966 SC 1718 [Abdul Waheed Khan vs. Bhawani]
and also the judgment passed by Hon'ble Patna High Court reported in
AIR 1987 Pat 167(FB)[Paritosh Maity and etc vs. Ghasiram Maity
and another] have not been properly considered.
3. Learned counsel for the appellant has submitted that in the
aforesaid judgment it has been observed that even if the jurisdiction of
the Civil Court is excluded by statute, in case where the provisions of
such statute have not been complied with or a statutory tribunal has
not acted in conformity with the fundamental principles of judicial
procedure, the Civil Courts would still have jurisdiction to examine
such cases.
4. He has submitted that in the instant case notices were not
served while passing the order under Section 16 of the aforesaid Act
of 1961.
5. Considering the aforesaid submission, this appeal is admitted
for final hearing on the following substantial question of law:-
(I)Whether the learned 1st appellate court has committed a
substantial error of law by holding that the suit instituted by
the plaintiffs was barred under Section 43 of Bihar Land
Reforms (Fixation of Ceiling Area and Acquisition of
Surplus Land) Act, 1961 in view of the judgment passed by
the Hon'ble Supreme Court reported in AIR 1970 SC 1298
[State of West Bengal vs. Indian Iron and Steel Company
Limited), AIR 1966 SC 1718 [Abdul Waheed Khan vs.
Bhawani] and the judgment passed by Hon'ble Patna High
Court reported in AIR 1987 Pat 167 (FB)[Paritosh Maity
and etc. Vs. Ghasiram Maity and another]?
6. Learned counsel for the appellant has also submitted that in
case, the substantial question of law is answered in favour of the
appellant, then the case can be decided on merits as the materials are
already available on record and the legality and validity of the order
passed by the learned trial court decreeing the suit can be examined.
Accordingly the following question is also required to be answered:
(II)In case the 1st substantial is answered in favour of the
appellant, then whether on merit, the judgment passed by
the learned 1st appellate court can be sustained
considering the material already available on record?
7. I.A. No. 12570 of 2025 has been filed seeking interim relief.
8. Issue notice in the main appeal as well as in the interlocutory
application being I.A. No. 12570 of 2025 under speed post and
ordinary process to the respondents for which requisites be filed by
31st October, 2025.
9. Office is directed to track the speed-post-delivery and prepare a
proper office note with regard to service of notice.
10. Post this case on 01st December, 2025.
11. The records be called for from the concerned courts.
12. Let a copy of this order be communicated to the concerned
court through "Fax/e-mail".
(Anubha Rawat Choudhary, J.)
17.10.2025
Rakesh/-
