Soni Oraon vs State of Jharkhand and Others

N.N. Tiwari, J.—According to the petitioner, she is being evicted from the land of Khata No. 15, Plot No. 465, area 1.26 acres of Village-Chandwe, District-Ranchi under the garb of execution of an order by the Special Officer, Scheduled Area Regulation, Ranchi even without giving any prior notice to her. The petitioner has claimed that she is a bona fide purchaser of the land for value. She was not a party to the case and the order, cannot be executed against her. The petitioner protested against the said attempt and filed representations before several authorities. But no order has been passed by them.

Learned S.C. (L&C) appearing on behalf of the respondents, opposed the petitioner''s prayer and submitted that if the petitioner was not a party to the proceeding and is aggrieved by any such order, she should have either approached the same court or should have preferred appeal as aggrieved person. Her claim based on acquisition of the land by virtue of purchase from member of scheduled tribe cannot be adjudicated upon and decided by this Court in its writ jurisdiction and the petition is liable to be dismissed.

Having heard learned counsel, I find substance in the submission of learned counsel for the respondents. In view of the nature of the claim of title and possession, the same requires adjudication by a competent court on the basis of the evidences by the parties. This Court cannot adjudicate upon and decide such issue of such facts and of title and possession in exercise of its writ jurisdiction. This writ petition is, accordingly, dismissed.