Dismissed

Smt Uma Devi v. The State Of Jharkhand And Ors.

Jharkhand HC18 Jan 2021WPC/5242/2016

Case brief

AI extract

What is this about?

The High Court of Jharkhand dismissed a writ petition filed by a petitioner claiming title and possession over land. The challenge was to a notice issued for land measurement. The Court observed the petitioner failed to aver how she acquired title or possession and offered no documentary evidence. Consequently, the Court declined to interfere.

What did the court decide?

No relief; the writ petition was dismissed for lack of averments regarding title and possession.

Smt Uma Devi Vs The State Of Jharkhand And Ors. — Property and Title | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 5242 of 2016

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Smt. Uma Devi ….. Petitioner

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Versus

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The State of Jharkhand 2. The Deputy Commissioner, Hazaribagh 3. The Sub-Divisional Officer, Sadar, Hazaribagh 4. The Circle Officer, Sadar, Hazaribagh 5. Sri Raghav Sharan Singh ….. Respondents -----

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CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR

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----For the Petitioner: Ms. Talat Parween For the State: Md. Faizal Alam

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08/18.01.2021 The case is taken up through Video Conferencing.

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When the present writ petition is called out, a prayer for adjournment is made

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by Ms. Talat Parween, learned counsel appearing on behalf of the petitioner.

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Reference may be made to the order dated 22.06.2020 wherein it was made clear that the learned counsel for the petitioner must press the present writ petition on the next date, failing which an appropriate order would be passed.

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The present writ petition has been filed for setting aside the notice as contained in memo No. 1434 dated 08.08.2016 issued by the respondent No.4 to the petitioner’s husband on the basis of an application filed by the respondent No.5 for measurement of his land.

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The case of the petitioner is that she has right and title over the land in question and she is in possession of the same for the last 40 years. It has thus been contended that the respondent No.4, at the instance of the respondent No.5, cannot disturb the peaceful possession of the petitioner over the land in question in the garb of measurement of the same. The petitioner has however not averred in the writ petition as to how she has acquired the title and possession over the land in question. No such document has also been annexed with the writ petition. Hence, this Court is not inclined to interfere with the impugned notice dated 08.08.2016 issued by the respondent No.5.

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The present writ petition is accordingly dismissed.

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It is however observed that if the said issue is still survives, the petitioner may

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take appropriate recourse as available under law, if so advised.

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(RAJESH SHANKAR, J)

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Satish/-

Smt Uma Devi v. The State Of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

Smt Uma Devi v. The State Of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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