SHAKHIYA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the order dated 11.03.2019 passed in L.C. Revision No. 1/02, is under challenge.

(2.) Mr. Dilip Kumar Prasad, learned counsel for the petitioner has raised two issues:- first the issue estoppel has not been taken into consideration by the Member Board of Revenue and secondly on merit holding the pre-emptor as the adjacent raiyat is not based upon the cogent evidence.

(3.) Mr. Vineet Prakash, learned A.C. to S.C. (L&C)-I appearing for the State-Respondent has disputed both the grounds agitated by the petitioner on the ground that issue estoppel is not worth to be considered, since the matter has been reopened on an order passed by the Hon'ble Apex Court and in pursuance thereto fresh adjudication has been made by the Member Board of Revenue and as such, it will be said to be an order on remand on the direction of the Hon'ble Apex Court and so far as the merit is concerned, submission has been made that the Member Board of Revenue after considering the report submitted with respect to the status of the land as also the pre-emptors as has been recorded by the Deputy Collector Land Reform in the order dated 11.04.1998, the finding has been recorded by affirming the views recorded therein.