Murlidhar Tiwary v. Ramesh Upadhya and Ors.
Case brief
What is this about?
The High Court of Jharkhand modified an impugned order remitting Land Acquisition cases to Palamau, directing that they be instead remitted to the Civil Court at Garhwa due to the creation of the new Garhwa district.
What did the court decide?
Order dated 29.09.2016 modified to remit Land Acquisition Case Nos. 27/1979, 28/1979 and 29/1979 to the court of Civil Judge, Senior Division I, Garhwa.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P No. 45 of 2017
Murlidhar Tiwary . …… Petitioner
Versus Ramesh Upadhya & Ors. …… Respondents
CORAM: HON’BLE MR. JUSTICE AMITAV K. GUPTA
-----
For the Petitioner : Mr.Sanjay Kumar Tiwary, Advocate For the Respondents : -----
---- 03/ Dated : 20th April, 2017
Defect pointed out by the office is ignored.
This miscellaneous petition has been filed for modification of the order dated 29.09.2016 passed in F.A No.301/1989(R), F.A No.302/1989(R) and F.A No.303/1989(R), whereby Land Acquisition Case Nos.27/1979, 28/1979 and 29/1979 were remitted to the court of Civil Judge, Senior Division – I, Palamau. That the suit land falls within district Garhwa which was carved out from the Palamau district and the cases now lie within the jurisdiction of Civil Judge, Senior Division – I, Garhwa. It is prayed that the aforesaid order be modified accordingly. Heard. Since new district of Garhwa has been created and carved out from the Palamau district and the subject matter falls within the jurisdiction of Garhwa district, the order dated 29.09.2016 is modified and Land Acquisition Case Nos.27/1979, 28/1979 and 29/1979 are remitted to the court of Civil Judge, Senior Division – I, Garhwa, for passing necessary orders in terms of the order dated 29.09.2016.
Issues for consideration
1 issue framed by the court
Whether a remitted Land Acquisition case should be sent to the civil court of Garhwa district after that district was carved out from Palamau.
Parties & counsel
- petitioner
Murlidhar Tiwary
- respondent
Ramesh Upadhya & Ors.
Coram
Amitav K. Gupta
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · April
- Registered
- Case no.
- C.M.P./45/2017
Similar cases
Judgements on the same questions, provisions and authorities, from every court