This petition sought quashing of observations in an impugned order declaring certain land as government property and directing proceedings under the Bihar Land Reforms Act. The High Court held that the observations were made in a suit where the petitioners were not parties.
Petition dismissed as not maintainable.
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. 777 of 2022
------
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioners : Mr. Ayush Aditya, Advocate For the Opp. Parties : Mr. Shivam Anand Pathak, A.C. to S.C. III
Oral Order 03/ Dated : 02.12.2022
Surviving defects are ignored.
Instant petition has been filed for quashing part of order/observation dated 08.06.2022 passed learned Civil Judge, Sr. Division-III, Rajmahal in Original Suit No.21 of 2014 whereby and whereunder the plaint has been directed to be returned with an observation that the property belongs to the Government of Jharkhand and Deputy Commissioner has been directed to initiate proceeding under Section 4(h) of the Bihar Land Reforms Act.
land originally belong to the ex-landlord namely Rani Jyotirmayee Devi of Palkot Raj Estate and was settled by Sada Hukumnama followed by the delivery of possession and issuance of rent receipt in favour Rostam Sk. After vesting, the predecessor in interest has been accepted as tenant of the estate.
This civil miscellaneous petition is accordingly dismissed as not maintainable.
(Gautam Kumar Choudhary, J . )
Anit
2 issues framed by the court
Whether a judgment in a suit between other parties can bind non-parties who seek to delete observations declaring property as government land.
Whether an application to delete observations made in a suit in which the applicant was not a party is maintainable.
1 provisions across 1 enactments
Farahim Shekh
Anurul Shekh
The State of Jharkhand
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
