LAWS(JHAR)-2010-2-62

AMARJEET KAUR Vs. STATE OF JHARKHAND

Decided On February 02, 2010
Amarjeet Kaur Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Mr. V. Shivnath, learned senior counsel appearing for the petitioners, submitted that the objection raised on behalf of the petitioners that this proceeding is barred by res judicata has been decided against the petitioners by order dated 7.1.2010. He further submitted that the Land Reforms Deputy Collector, Chandil (respondent no. 3) is bent upon deciding the matter in hurry without enquiry and without giving reasonable opportunity of hearing to the petitioners in terms of section 71A of the Chotanagpur Tenancy Act (for short "the Act"). He further submitted that it is not known whether the Land Reforms Deputy Collector has been vested with the power in terms of section 3 (vii) of the Act and such point will also be raised,if not already raised and the said authority should look into that aspect also.

(2.) The petitioners are directed to submit the documents on which they want to rely within two weeks from today before the said authority. The said authority will decide S.A.R. Case No. 5 of 2008-09 on its merits after giving reasonable opportunity of hearing and holding enquiry in terms of section 71A of the Act. The petitioners are directed to cooperate in disposal of the proceedings which should be disposed of as early as possible and preferably within three months from the date of receipt/production of a copy of this order.

(3.) With these observations and directions, this writ petition is disposed of. However, no costs.