RANCHI, India, July 28 -- Jharkhand High Court issued the following order on June 30:
The instant writ petition has been filed under Article 226 of the Constitution of India for setting aside the order dated 01.08.2023 passed by the Land Reform Deputy Collector, Bundu at Ranchi, whereby and whereunder, an application dated 05.08.2021 filed under Order 1 Rule 10 of the Code of Civil Procedure has been rejected.
As per the case of the petitioner, the dispute is in reference to R.S. Khewat No. 8/1, 8/2 and 8/3 which the petitioner claims on the basis of inheritance.
It is contended by learned counsel on behalf of the petitioner that these Khewats were originally recorded in the name of Mangal Singh Munda, Son of Dhan Singh Munda and the petitioner is his heir and descendant. It is further contended that by referring to a false and concocted genealogy, the petitioner claims to be the heir of the recorded Khewatdar.
It is further submitted that the impugned order was wrongly challenged by the petitioner before the Judicial Commissioner, Ranchi, but in Criminal Revision No. 11/2024, which was rejected by the Judicial Commissioner,Ranchi.
It is submitted by learned counsel for the petitioner that the genealogy cannot be established on the basis of documents which are obtained post litem motem in view of the ratio decided in State of Bihar v. Radha Krishna Singh, (1983) 3 SCC 118.
From the submission advanced, it appears that the learned petitioner by mistake instead of Commissioner, moved Judicial Commissioner, Ranchi against the impugned order.
Under the circumstance, the instant writ petition is disposed of with a liberty to the petitioner to prefer appropriate revision before the Competent Authority against the impugned order passed by the Land Reform Deputy Collector, Bundu, Ranchi.
Pending I.A., if any, also stands disposed of.
Disclaimer: Curated by HT Syndication.
