High CourtsSingle Bench(2023) 01 JH CK 0009

Pyalisen Gupta vs State Of Jharkhand And Others

Jharkhand High Court · Decided on 4 January 2023

HON’BLE JUDGES
Anubha Rawat Choudhary, J
CASE NUMBER
Writ Petition (C) No. 1159 Of 2012

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Judgment

5 paragraphs · 224 words

Anubha Rawat Choudhary, J

1.

Learned counsel for the petitioner is permitted to add Damodar Valley Corporation as respondent No. 4 in the present case. He submits that private property of the petitioner is in possession of respondent No. 4 and as per the counter affidavit filed by the State, same was not acquired on the ground that the land belongs to the State. Learned counsel has referred to order dated 12.08.2010 and he submits that an order was passed under Section 87 of the Chhotanagpur Tenancy Act in favour of the petitioner against which no appeal was filed by the State and therefore the said order has become final and as per the said order, the land record should be in favour of the petitioner.

2.

Learned counsel for the petitioner is directed to serve two copies of the records of this case in the office of Mr. R.N. Sahay, learned senior counsel, who generally appears on behalf of Damodar Valley Corporation. The learned counsel for the respondents is also directed to seek instruction with regard to the aforesaid submission made by the petitioner and file a supplementary counter affidavit in the present case.

3.

The supplementary counter affidavit of the State as well as counter affidavit on behalf of Damodar Valley Corporation be filed by 27.01.2023.

4.

Post this case on 01.02.2023.