Disposed

Shiv Narayan Dubey v. State of Jharkhand And Ors.

Jharkhand HC29 Oct 2015WPC/7468/2006

Case brief

AI extract

What is this about?

Petitioner sought directions under Article 226 to enter names in the survey settlement based on a claimed mutual exchange of land shares among family members. The Court disposed of the petition based on the respondents' affidavit of compromise.

What did the court decide?

Direction to the settlement officer to enter the name of the parties in terms of the mutual settlement pleaded in the counter-affidavit.

Shiv Narayan Dubey Vs State of Jharkhand And Ors. — Partition | Jharkhand HC (2015)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 7468 of 2006

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Shiv Narayan Dubey, s/o- Late Jadunandan Dubey, Ghardoura, Kunda, Deoghar ... ... Petitioner

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Versus

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The State of Jharkhand

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The Commissioner, Santhal Paragana Division, Dumka

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The Charge officer, Dumka

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Parmesh Chandra Dubey, S/o- Late Shyama Charan Dubey

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Nawal Kishore Dubey, S/o- Late Jay Ram Dubey

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Sarlu Dubey, S/o- Late Bal Govind Dubey

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Ajoy Kumar Dubey @ Ajit Kumar Dubey, S/o- Late Raghunath Dubey

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Arun Kumar Dubey, s/o- Late Raghunath Dubey

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Most. Kaushalya Devya, W/o- Late Raghunath Dubey No. 4-9 are resident of village-Ghardoura, Kunda, Deoghar

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… ... Respondents

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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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For the Petitioner : Mr. K. P. Deo, Advocate For the State : J.C. to S.C. (L&C)

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07/29.10.2015 The office report indicates that notice upon respondent nos. 4 to 9 has been validly served however, respondent no. 6 has chosen not to appear in the matter.

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Counter-affidavit has been filed on behalf of the respondent nos. 4 to 5 and 7 to 9 affirming that parties have compromised the matter and they have agreed that they would not dispossess each other from the part of the property which is in possession of the respective parties. Description of the suit property is given in para 3 of the counter-affidavit dated 28.06.2011. The relevant portion of para 3 is extracted below:

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3. “That writ petitioner Shiv Narayan Dubey has mutually exchanged his share of land i.e.

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0.03 acres of his undivided share from the land of plot no. 72 which has total area of 0.09

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acres, thana no. 590 in Jamabandi no. 25, of Mauza Ghardoura, P.S. Kunda, Sub-division & District-Deoghar with the private respondent of their land of plot no. 170/53 (new) of old plot no. 53/379 area 0.03 acres of Jamabadi no. 21, thana no. 590, Mauza Ghardoura, PS-Kunda, Sub-division and Dist-Deoghar …....................”

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The learned counsel for the petitioner submits that the survey settlement is carried out presently in the Santhal Pargana Commissionarate and accordingly, a direction may be issued to the settlement officer to enter the name of the parties in terms of the settlement arrived at between the parties except respondent no. 6.

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Accordingly, the writ petition is disposed of with a direction to the settlement officer to enter the name of the parties in terms of the mutual settlement as pleaded in the counter-affidavit dated 28.06.2011.

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(Shree Chandrashekhar, J.)

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Tanuj/-

Shiv Narayan Dubey v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

Shiv Narayan Dubey v. State of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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