Prakash Munjal Aged About 72 Years vs The State Of Jharkhand on 1 May, 2026

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    Jharkhand High Court

    Prakash Munjal Aged About 72 Years vs The State Of Jharkhand on 1 May, 2026

    Author: Deepak Roshan

    Bench: Deepak Roshan

                                                2026:JHHC:13049
    
    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    W.P.(C) No. 1510 of 2021
                          .........
    

    1.Prakash Munjal aged about 72 years

    2. Harish Munjal aged about 68 years,
    both sons of Late Jiwan Lal Munjal.

    SPONSORED

    3.Ritul Munjal aged about 40 years S/o Harish Munjal
    All Residents of Firayalal Compound, Kadru Diversion
    Road, Near Railway Over Bridge, Ranchi P.O. and P.S.
    Chutia District Ranchi ….. Petitioner(s)
    Versus

    1. The State of Jharkhand.

    2.Chief Secretary, Government of Jharkhand,
    Jharkhand Mantralaya, Project Building, P.O. and P.S.
    Dhurwa District Ranchi.

    3. Home Secretary, Department of Home, Government of
    Jharkhand, Jharkhand Mantrayala, Project Building,
    P.O. and P.S. Dhurwa District Ranchi.

    4. Director General of Police, Government of Jharkhand,
    P.O. and P.S. Dhurwa District Ranchi.

    5. Deputy Commissioner, Ranchi, P.O. G.P.O. P.S.
    Kotwali, District Ranchi Jharkhand.

    6. Senior Superintendent of Police, Ranchi, Jharkhand
    P.O. G.P.O. P.S. Kotwali, District Ranchi Jharkhand.

    7. Officer In-Charge Sadar Police Station, P.O G.P.O. and
    P.S. Sadar District Ranchi.

    9(a) Salo Devi, W/o Late Sanjay Pahan, aged about not
    known to the petitioner, R/o Booty, P.O.-G.P.O, P.S.
    Sadar, Dist.-Ranchi.

    9(b) Asha Kumari, D/o Late Sanjay Pahan, aged about
    20 years, R/o Booty, P.O.-G.P.O, P.S. Sadar, Dist.-
    Ranchi.

    9(c) Misha Kumar, D/o Late Sanjay Pahan, aged about
    18 years, R/o Booty, P.O.-G.P.O, P.S. Sadar, Dist.-
    Ranchi.

    9(d) Usha Kumari, D/o Late Sanjay Pahan, aged about
    15 years, R/o Booty, P.O.-G.P.O, P.S. Sadar, Dist.-
    Ranchi.

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    2026:JHHC:13049

    9(e) Anisha Kumari, D/o Late Sanjay Pahan, aged about
    10 years, R/o Booty, P.O.-G.P.O, P.S. Sadar, Dist.-
    Ranchi.

    9(f) Ansh Pahan, S/o Late Sanjay Pahan, aged about 20
    years, R/o Booty, P.O.-G.P.O, P.S. Sadar, Dist.-Ranchi.

    ….. Respondent(s)
    with
    W.P.(C) No. 1791 of 2021
    ………

    1. Prakash Munjal, aged about 72 years, S/o Late Jiwan
    Lal Jiwan Lal, R/o Firayalal Compound, Kadru Diversion
    Road, near Railway Overbridge, Ranchi, P.O and P.S.
    Chutia, District -Ranchi (Jharkhand)

    2. Harish Munjal, aged about 68 years, S/o Late Jiwan
    Lal Jiwan Lal, R/o Firayalal Compound, Kadru Diversion
    Road, near Railway Overbridge, Ranchi, P.O and P.S.
    Chutia, District-Ranchi (Jharkhand).

    3. Ritual Munjal, aged about 40 years, Firayalal
    Compound, Kadru Diversion Road, near Railway
    Overbridge, Ranchi, P.O and P.S. Chutia, District Ranchi
    (Jharkhand) ….. Petitioner(s)
    Versus

    1.State of Jharkhand through its Secretary, Revenue,
    Land Reforms and Registration, officiating from his office
    at Project Bhawan, Dhurva, P.O- Dhurva, P.S-
    Jagannathpur, Dist-Ranchi.

    2. The Presiding Officer-cum-Hon’ble Minister, Revenue,
    Registration and Land Reforms Department,
    Government of Jharkhand, Ranchi, officiating from his
    office at Project Bhawan, Dhurva, P.O- Dhurva, P.S-
    Jagannathpur, Dist-Ranchi.

    3. Deputy Commissioner, Ranchi having his office at O/o
    Collectorate Building, near Civil Court, P.O- G.P.O and
    P.S- Kotwali, Dist. Ranchi.

    4(a). Salo Devi, W/o Late Sanjay Pahan aged about not
    known to the petitioner, R/o Booty, P.O. Booty, P.S.
    Sadar, District-Ranchi.

    2

    2026:JHHC:13049

    4(b). Asha Kumari, D/o Late Sanjay Pahan aged about
    20 years, R/o Booty, P.O. Booty, P.S. Sadar, District-
    Ranchi.

    4(c). Misha Kumar, D/o Late Sanjay Pahan aged about
    18 years, R/o Booty, P.O. Booty, P.S. Sadar, District-

         Ranchi.                       ..... Respondent(s)
                                                 .....
    
    
    

    CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
    …….

    For the Petitioner(s) : Mr. Amar Kumar Sinha, Adv
    Mr. Kundan Kr. Ambastha, Adv
    Mr. Parth Jalan, Advocate
    For the State : Mr. Rajiv Ranjan, A.G.
    Mr. Piyush Chitresh, AC to A.G.
    For the Private Resp. : Mr. Amritansh Vats, Adv
    Mr. Shivak A. Pathak, Adv
    Mr. Amartya Choudbey, Adv
    Mr. Arpan M. Ekka, Advocate
    Mr. Ashish Choudhary, Adv
    ………

    C.A.V. ON 13/03/2026 PRONOUNCED ON:01/05/2026

    1. Heard learned counsel for the parties.

    2. Both these Writ Petitions involve common issue;

    accordingly, with consent of the parties, both were heard

    together and are being disposed of by this common order.

    3. The relief sought in WP(S) No. 1510 of 2021 is as

    follows:-

    1. That in the instant writ petition the petitioners pray
    for issuance of an appropriate
    writ/rule/order/direction commanding upon the
    respondents and refraining them from making
    illegal and unauthorized construction over the
    lands measuring an area of 2.90 acres
    appertaining to R.S Plot Nos. 1947,1948 and 1949
    of Khata No. 79 situated at Village Booty, P.S.
    Sadar, District Ranchi exclusively belonging to the
    petitioners having acquired the same in a legal and

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    2026:JHHC:13049

    valid manner by registered deed of sale dated
    2.12.1959 after obtaining permission of the
    competent authority under section 49 of the
    Chotanagpur Tenancy Act in view of the fact that
    the petitioners have been forcibly evicted from the
    lands under proceeding without taking recourse of
    law and the respondent authorities have not taken
    any action despite the several representations and
    complaint made by the petitioners stating therein
    that the respondent Nos. 8 and 9 along with 400
    persons have unlawfully assembled over the lands
    in the night of 20th February 2021 and surrounded
    the lands by PVC Sheets forcibly and stealthily and
    are making illegal constructions over the lands
    under proceeding without having any right, title
    and interest over the same
    AND
    Further the petitioners pray that the respondent
    authorities be directed to restore the possession of the
    aforementioned lands to the petitioners forthwith as
    the respondents have forcibly and illegally
    dispossessed the petitioners from the lands without
    initiating any proceeding and without any order of the
    competent authority and the respondent authorities be
    directed to demolish the unauthorized and illegal
    construction over the lands and direction may be given
    to the respondents to maintain ante status quo with
    respect to the lands in question AND/OR Pass such
    other relief or reliefs to which the petitioners are legally
    entitled to.

    4. The relief sought in WP(S) No. 1791 of 2021 is as

    follows:-

    a. For the issuance of an appropriate writ(s), order(s)
    or direction(s) for quashing of the order dated 17th of
    February 2021 passed by the Presiding Officer-cum-
    Hon’ble Minister, Revenue, Registration and Land
    Reforms Department, Government of Jharkhand
    (Respondent No. 2) in Misc Case No. 267 of 2020
    (Annexure-16) by which Respondent No. 2 has passed
    an order to restore possession of the lands measuring
    2.90 acres appertaining to R.S. Plot nos. 1947, 1948
    and 1949 of Khata no. 79 situated at village Booty,
    P.S. Sadar, District Ranchi in favour of the respondent

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    2026:JHHC:13049

    no. 4 under Section 49(5) of the Chotanagpur Tenancy
    Act while further directing to annul the permission
    granted by the Deputy Commissioner, Ranchi on 11th
    of November 1959 under Section 49 of the CNT Act for
    sale of the aforementioned lands vide permission case
    no. 34R8II/1959-60 as well as to annul the transfer
    of land by sale deed dated 2nd of December 1959,
    executed and registered in favour of the ancestor of
    the petitioners namely Jiwan Lal after obtaining
    permission of the competent authority, while issuing
    direction to the Deputy Commissioner, Ranchi to lodge
    criminal case against the petitioners and direction has
    also been given to the Anti-Corruption Bureau to lodge
    F.I.R. against the petitioners; the impugned order has
    been passed solely on the basis of an affidavit filed by
    the Respondent No. 4 and has been passed without
    giving any opportunity to the Petitioner and without
    considering the several judicial order with respect to
    the same property. Respondent No. 2, has further
    ignored that the application is hopelessly barred by
    limitation.

    AND
    b. For the issuance of such other writ(s), order(s), or
    direction(s) to stay the operation of the order passed
    in Misc 267 of 2020 till the adjudication of the instant
    writ petition. Case No.
    AND/OR
    c. For the issuance of such other writ(s), order(s), or
    direction(s) as this Hon’ble Court may think just and
    proper in the facts and circumstances of the case
    doing conscionable justice to the petitioner.

    5. Briefly stated as per the writ petitions, in a

    nutshell, are that as per the Survey Record of Rights (1935),

    lands situated at Village Booty, P.S. Sadar, Thana No. 182,

    under Khata No. 79, comprising Plot Nos. 1947 (0.67 acres),

    1948 (0.70 acres) and 1949 (1.53 acres), were recorded in

    the name of Bipta Pahan. Upon his demise, the said lands

    devolved upon his sons, Ram Pahan and Somra Pahan. In

    5
    2026:JHHC:13049

    the year 1959-60, the said raiyats applied before the Deputy

    Commissioner, Ranchi in Misc. Case No. 34R 8 (II) of 1959-

    60 seeking permission to transfer the land. Upon

    recommendation of the Rent Suit Deputy Collector and

    approval of the Sub-Divisional Officer, permission was

    granted by the Deputy Commissioner on 13.11.1959 under

    Section 49 of the Chotanagpur Tenancy Act, 1908, pursuant

    to which a sale deed was executed by Somra Pahan (for

    himself and on behalf of his brother Ram Pahan, who was

    deaf and dumb) in favour of Jiwan Lal, the predecessor of

    the petitioners. A mortgage (jarpeshgi) was also created in

    favour of Dayanand Modi, which was subsequently

    redeemed by the petitioners’ predecessor.

    Thereafter, a series of proceedings ensued wherein

    possession and rights of Jiwan Lal were repeatedly affirmed.

    Proceedings under Sections 144 and 145 of CrPC initiated by

    one Azmat Ali in 1961 and 1964 respectively were decided in

    favour of Jiwan Lal, and even a criminal revision (No. 8 of

    1964) preferred against such orders was dismissed,

    culminating in execution of a release deed by Azmat Ali in

    favour of Jiwan Lal. Mutation in favour of the petitioners’

    predecessor pursuant to Case No. 51(R)27 of 1960-61 also

    attained finality.

    6. Subsequently, in 1991, Sukra Pahan initiated

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    proceedings under Section 71A of the CNT Act (SAR Case

    No. 185 of 1990-91), which were challenged by Jiwan Lal

    before this Court in CWJC No. 2321 of 1991 (R), wherein the

    proceedings were stayed and ultimately set aside. Parallel

    SAR cases (Nos. 34, 35 and 36 of 1991), though initially

    allowed ex parte, were also rendered ineffective in view of the

    orders passed by this Court. A subsequent SAR Case No.

    276 of 2002-03 also failed. Thereafter, the petitioners

    approached this Court in W.P.(C) No. 5100 of 2004, which

    was allowed directing issuance of rent receipts in their

    favour.

    7. In the year 2018, Somra Pahan instituted Original

    Suit No. 657 of 2018, before Civil Judge, Senior Divion,

    Ranchi. Subsequently, in 2020, upon an application made

    by Sanjay Pahan, proceedings under Section 49(5) of the

    CNT Act were initiated, and despite submission of a detailed

    reply by the petitioners, the Presiding Officer-cum-Minister,

    Government of Jharkhand Ranchi, vide order dated

    17.02.2021, purportedly cancelled the permission granted

    under Section 49. Hence this writ petition.

    Submission on behalf of Petitioner

    8. Learned counsel for the petitioner submitted that

    it is the admitted case of both the parties that the permission

    under Section 49 of the Act, 1908 was accorded by the then

    7
    2026:JHHC:13049

    Deputy Commissioner, Ranchi on 13th of November 1959.

    Section 49(5) of the Act, 1908 was inserted vide the

    Amending Act of 1975, i.e., much after the transaction [also

    much after the lapse of a period of 12 (twelve years) dated of

    13th of November 1959. Learned counsel submitted that

    Section 49(5) of the Chota Nagpur Tenancy Act, 1908 cannot

    be applied retrospectively to invalidate transfers effected

    prior to its enactment, and the impugned proceedings are, in

    any case, barred by limitation.

    He further submitted that even if Section 49(5) is

    assumed to apply, it prescribes a strict limitation of twelve

    years, which is mandatory and not extendable. This position

    stands settled in Kusum Devi & Ors. v. State of Bihar &

    Ors1. and reaffirmed in Krishna Kumar Dodrajka & Ors.

    v. State of Jharkhand & Ors.2

    He had also submitted that Section 5 of the

    Limitation Act, 1963 is inapplicable to such original

    proceedings. Further, the reliance on Section 17 of the

    Limitation Act on the ground of fraud is misconceived. In view

    of Section 230 of the Tenancy Act, the Limitation Act applies

    only to the extent it is not inconsistent. Since Section 49(5)

    expressly provides that limitation runs from the date of

    1 MANU/JH/0372/2004
    2 MANU/JH/0187/2017

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    2026:JHHC:13049

    consent, invocation of Section 17 is excluded. Consequently,

    the impugned proceedings are without jurisdiction and liable

    to be quashed.

    9. Learned counsel submitted that even assuming,

    without admitting, any element of fraud, the Respondents

    had clear knowledge of the petitioners’ ancestor’s title since

    1991-92, when proceedings under Section 49 of the Chota

    Nagpur Tenancy Act, 1908 were instituted by Sukra Pahan

    and Somra Pahan. It was further submitted that a

    subsequent application by Somra Pahan, being SAR Case

    No. 276 of 2002-03, was dismissed on 23.07.2002 in light of

    findings in CWJC No. 2321 of 1991 (R). Despite such

    knowledge, no proceedings were initiated within the

    prescribed period thereafter. In these circumstances,

    Section 17 of the Limitation Act, 1963 cannot be invoked, as

    the Respondents failed to act within three years from the

    date of knowledge. The plea of fraud is thus untenable and

    does not extend limitation.

    He further submitted that the impugned

    proceedings are barred by res judicata. Earlier proceedings

    under Sections 71A and 49(5) of the Chota Nagpur Tenancy

    Act, 1908, initiated by the petitioners’ ancestor, were decided

    in his favour, and the same issue cannot be reopened. The

    applicability of res judicata to such proceedings stands

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    2026:JHHC:13049

    affirmed in Jagan Bediya & Ors. v. Kameshwar Narayan

    Singh & Ors.3

    He further submitted that the Respondents’ case

    rests on the plea that the permission granted by the Deputy

    Commissioner falls outside Section 49 of the Chota Nagpur

    Tenancy Act, 1908. The Petitioner relies on the provision as

    it stood at the relevant time, when permission could be

    granted upon existence of “reasonable cause,” an inclusive

    expression wide enough to cover purposes such as purchase

    of cattle. It was further argued that such permission cannot

    be reopened after expiry of twelve years. Moreover, the State

    cannot simultaneously allege that the permission was

    contrary to legislative intent and also obtained by fraud; such

    inconsistent stands are barred by the doctrine of approbate

    and reprobate.

    He submitted that Section 49 of the Chota Nagpur

    Tenancy Act, 1908 clearly mandates that annulment of

    transfer can be made only within twelve years from the date

    of transfer. The provision being unambiguous, no resort to

    legislative intent is required. He further submitted that the

    Respondents’ claim of possession is wholly false and

    unsupported by any document, particularly for the period

    3 MANU/JH/0703/2010

    10
    2026:JHHC:13049

    1959-2019. Their own application under Section 71A for

    recovery of possession, which was dismissed in favour of the

    Petitioner, demolishes such claim. Further, rent receipts

    issued in favour of the Petitioner and mutation entries

    constitute strong prima facie proof of possession.

    He further submitted that forcible dispossession

    can be remedied in writ jurisdiction. In the case of Waqf

    Alalaulad v. Sundardas Daulatram & Sons,4 as affirmed

    in the case of Union Club, Dhanbad v. State of Jharkhand

    & Ors.,5 it has been held that possession taken by force can

    be restored. In the present case, the Petitioner was illegally

    dispossessed, and is therefore entitled to restoration.

    He finally submitted that the Respondents, knowing

    that their remedy lay before the Civil Court, had instituted

    Original Suit No. 657 of 2018, which has since abated.

    During its pendency, they initiated the present proceedings

    as a circuitous method to secure possession, amounting to

    forum shopping. Such conduct is a clear abuse of process. In

    the case of V. Anima Malar v. S. Aadhavan & Ors.6 and in

    the case of Neelam Manmohan Attavar v. Manmohan

    Attavar,7 the Hon’ble Supreme Court has deprecated

    4 MANU/UP/1008/1996
    5 Civil Appeal No. 6626 of 2012
    6 MANU/SC/0111/2026
    7 MANU/SC/0055/2021

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    2026:JHHC:13049

    parallel and repeated proceedings on the same cause.

    Accordingly, he prayed that the impugned proceedings,

    having been initiated during pendency of the suit and after

    dismissal of earlier claims, are vitiated by forum hunting and

    liable to be set aside.

    Submission on Behalf of State

    10. Learned Counsel for the State submitted that the

    District Administration, Ranchi, through the Circle Officer,

    Bargain, along with the Circle Inspector, Bargain and the

    Revenue Sub-Inspector, Booty Village, undertook a detailed

    verification of the revenue records and conducted a local

    enquiry with respect to the land and in question. Upon such

    physical verification and record inspection, enquiry reports

    were submitted vide Letter No. 1047(ii) dated 27.11.2021

    and Letter No. 55(ii) dated 02.02.2026, which reveal the

    following material facts:

    (A) That the land in question is in actual physical possession of
    the legal heirs and successors of the recorded raiyat, namely
    Bipta Pahan, S/o Shital Pahan.

    (B) That the name of Bipta Pahan stands duly recorded in
    Volume-I, Page 79 of Register-II, wherein the change of
    authority column records fixation of rent vide Case No. 27
    R8/1959-60 dated 09.11.1959. The records further reflect
    continuous realization of rent from the year 1955-56 up to
    1995-96 pursuant to order dated 11.09.1995 of the Circle
    Officer, and thereafter, rent realization is reflected in the offline
    Register-II up to 2014-15 and in the online Register-II up to
    2020-21.

    (C) That although the names of the writ petitioners, namely
    Harish Munjal and Prakash Munjal, find mention in Volume-V,

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    2026:JHHC:13049

    Page 1 of Register-II pursuant to orders passed in W.P.(C) No.
    5100 of 2004 and consequential administrative directions, and
    rent entries exist in their favour, the enquiry categorically
    records that they have never been in actual physical
    possession of the land.

    (D) That similarly, the name of one Jitendra Bahadur Johar has
    been entered in Register-II (Volume-VI, Page 71) pursuant to
    Mutation Case No. 5678 R 27/07-08, and though rent
    realization entries exist in his favour for certain periods, the
    enquiry report clearly records that he too is not in possession of
    the land.

    11. Learned Counsel for the State submitted that

    Sanjay Pahan, S/o Somra Pahan (Respondent No. 9 in

    W.P.(C) No. 1510 of 2021), filed an application before the

    competent authority asserting that the land measuring about

    2.90 acres is his Khatiani raiyati land is under threat from

    land mafias, pursuant to which Misc. Case No. 267 of 2020

    was initiated under Section 49(5) of the Chotanagpur

    Tenancy Act, 1908.

    It was submitted that the land is recorded as Kaimi

    Raiyati in the name of Bipta Pahan, S/o Shital Pahan, a

    member of the Munda (Scheduled Tribe) community, and

    thus its transfer is strictly regulated by Sections 46 to 49 of

    the Chotanagpur Tenancy Act, 1908. The land, admeasuring

    about 2.90 acres, stands recorded under Khata No. 79,

    Village Booty, Thana No. 182 (Sadar), and was originally

    recorded in the Survey Record of Rights (circa 1935) in the

    name of Bipta Pahan as raiyat.

    It was further submitted that post vesting under

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    the Bihar Land Reforms Act, 1950, Bipta Pahan was found

    in peaceful possession and cultivation of the land, and his

    name was duly entered in the revenue records with

    continuous rent payment. His possession remained

    undisturbed, and upon his death, the land devolved upon his

    sons, Ram Pahan and Somra Pahan, and thereafter

    exclusively upon Somra Pahan, who continued in

    possession.

    It was further contended that the alleged

    permission granted by the Deputy Commissioner, Ranchi in

    1959-60 under Section 49 of the CNT Act was obtained

    without the knowledge of Somra Pahan, and despite such

    alleged transfer, the raiyats and their successors remained

    in uninterrupted possession. It was only in the year 2018

    that the respondents came to know of such transaction,

    whereupon Somra Pahan instituted Original Suit No. 657 of

    2018 seeking declaration of the sale deed dated 02.12.1959

    as null and void on grounds of fraud. The said suit, having

    abated due to the demise of the plaintiffs, is now sought to

    be restored by filing Civil Misc. Case No. 16 of 2026, which is

    pending consideration before the competent civil court.

    12. Learned Counsel vehemently submitted that the

    alleged permission granted by the Deputy Commissioner,

    Ranchi in 1959-60 under Section 49 of the Chotanagpur

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    Tenancy Act, 1908 was obtained by fraud and is legally

    unsustainable and the same is wholly without jurisdiction. It

    was contended that Section 49 permits transfer of tribal land

    only for specified purposes such as charitable, religious or

    educational use, which is admittedly not the case herein, as

    the recorded purpose for the purchase of bullocks does not

    fall within the permissible categories.

    It was further submitted that the revenue enquiry

    reports vide Letter No. 1047(ii) dated 27.11.2021 and Letter

    No. 55(ii) dated 02.02.2026 conclusively establish that the

    raiyats and their legal heirs have remained in continuous

    and undisputed possession of the land, and that the writ

    petitioners were never in possession.

    It was argued that the entire claim of the writ petitioners

    is founded upon fraudulent and void transactions in violation

    of the CNT Act, 1908, and that mutation entries or issuance

    of rent receipts pursuant to W.P.(C) No. 5100 of 2004 do not

    confer any title or possession. Reliance was placed on

    Meghmala v. G. Narasimha Reddy8 to submit that no relief

    can be granted to perpetuate fraud.

    It was lastly submitted that the present writ petition,

    seeking restoration of possession, involves a private civil

    8 (2010) 8 SCC 383

    15
    2026:JHHC:13049

    dispute and is not maintainable under Article 226, as held in

    Roshina T. v. Abdul Azeez K.T.9

    He finally submitted that the present dispute

    involves complex questions of fact, title and possession,

    which cannot be adjudicated in exercise of jurisdiction under

    Articles 226 and 227 of the Constitution of India, and must

    be relegated to the competent civil court, the writ forum being

    inappropriate for such determination.

    Submission on behalf of Private Respondent

    13. Learned Counsel for the Private Respondent

    submitted that the petitioners’ claim is wholly misconceived

    and founded upon a sale deed dated 02.12.1959 which is

    void ab initio, as the alleged executant, Somra Pahan, had

    no right, title or interest over the land at the relevant time,

    his father being the recorded tenant, and further, he was a

    minor, thereby rendering the transaction legally invalid.

    He further submitted that the said transaction is

    vitiated by gross illegality, as no lawful guardian was

    appointed for Ram Pahan, who was admittedly a minor and

    incapacitated, making the execution of the deed

    unsustainable in law.

    14. Learned Counsel submitted that the answering

    9 (2019) 2 SCC 329

    16
    2026:JHHC:13049

    respondents have already instituted Original Suit No. 657 of

    2018 before the learned Civil Judge (Senior Division)-IX,

    Ranchi seeking declaration of title and cancellation of the

    sale deed, and upon abatement due to unavoidable

    circumstances, have filed Civil Miscellaneous Case No. 16 of

    2026 for restoration, which is presently pending, thus

    clearly establishing that the dispute is civil in nature and

    sub judice. He further submitted that the respondents are

    in long, continuous possession of the land, duly supported

    by State records, Register-II entries and rent receipts in the

    name of Bipta Pahan.

    He further submitted that the documents relied

    upon by the petitioners are seriously disputed and appear to

    be forged and fabricated, as even the family members of

    Somra Pahan have denied execution of any such documents,

    and the alleged S.A.R. Case No. 185 of 1991 and CWJC No.

    2321 of 1991 are not binding upon the answering

    respondents.

    15. In regard to the alleged permission under Section

    49 of the C.N.T. Act learned counsel submitted that the

    permission is itself illegal, as the purpose disclosed does not

    fall within permissible categories, thereby rendering the

    entire transaction void. To buttress his argument he relied

    upon Mandu Prakhand Sahakari Grih Nirman Sahyog

    17
    2026:JHHC:13049

    Samiti Limited v. State of Bihar10 wherein this Court has

    held that the reasonable and sufficient purpose under

    section 49 includes the use of land for any charitable,

    religious and educational purpose or any other purpose,

    which the State Government may by general or special order

    declared to be a public purpose and if the transfer was not

    for the said purpose then, the said permission deemed to be

    rejected.

    He further submitted that the writ petition being

    W.P (C) No. 1510 of 2021 seeking restoration of possession

    and adjudication of title is not maintainable under Article

    226, in view of settled law laid down in Roshina T. v. Abdul

    Azeez K.T. (supra) and Shri Sohan Lal v. Union of India.11

    Analysis

    16. After hearing both the parties and perusal of the

    materials on record, it transpires that the fulcrum of this

    case is the order dated 13 November 1959, by which the

    Deputy Commissioner accorded permission to sell the

    subject land purportedly in terms of section 49 of the

    Chhotanagpur Tenancy Act, 1908, on an application made

    by Ram Pahan and Somra Pahan in favour of late Jiwan Lal,

    the ancestor of the present petitioners. Consequent thereto,

    10 (2004) 1 JLJR 260
    11 1957 SCC Online SC 39

    18
    2026:JHHC:13049

    a sale deed was executed in December 1959. The petitioner’s

    case is entirely founded on this order.

    17. In the application filed by Ram Pahan and Somra

    Pahan, permission was sought to sell the land on the ground

    that they have among themselves, 32.08 acres of land and

    some of their paddy lands have been mortgaged and hence

    they want to dispose their Tanr lands in order to release their

    paddy lands from mortgage and further that they also

    propose to purchase bullocks. The Deputy Commissioner

    accepted the application and held that the purposes for sale

    appear to be reasonable and consequently, on the basis of

    the recommendations made by his subordinate officials

    sanctioned transfer of the subject lands by the applicants to

    the ancestor of the present petitioners.

    18. Section 49 of the Chhotanagpur Tenancy Act, prior

    to its amendment and as it stood in the year 1959, permitted

    an occupancy or any member of Bhuinhari family to transfer

    his holding or tenure, or any part thereof for any reasonable

    and sufficient purpose. Subsection (2) of section 49 set out

    what the expression “reasonable and sufficient purposes”

    would include, which are as follows:-

    a) In the case of a member of Bhuinhari family, but not in the
    case of an occupancy raiyat, building purposes, generally;

    b) In any case, the use of land for any charitable, religious, or
    educational purpose, or for any other purpose, which the state
    government may, by general or special order, declare to be

    19
    2026:JHHC:13049

    public purposes or for the purposes of manufacturer or irrigation
    or as building ground for any such purpose, or for access to land
    used or required for any such purpose, and

    c) In any case, the use of the land for the purpose of mining or
    for any other purposes, which the state government may, by
    notification, declared to be subsidiary there two or four access
    to land used or required for any such purpose.

    19. Section 49 CNT carves out exceptions from the

    restrictions imposed by the preceding sections. Provisions of

    section 49 CNT grant exemptions. It is well settled that

    exemption / exception provisions must be construed strictly

    [see Sea Customs Act, s. 20(2), In re: AIR 1963 SC 1760].

    20. In Madhu Kishwar v. State of Bihar,12 the

    Hon’ble Supreme Court held that the preamble of CNT Act

    suggests that it was a law to amend and consolidate certain

    Acts relating to the law of landlord and tenant and the

    settlement of rent in Chota Nagpur.

    21. The Hon’ble Supreme Court in Amrendra Pratap

    Singh v. Tej Bahadur Prajapati13 while dealing with a case

    involving interpretation of the Orissa Scheduled Areas

    Transfer of Immovable Property (by Scheduled Tribes)

    Regulations, 1956, the purpose of which is akin to the CNT

    Act, held as follows:

    “15. Tribal areas have their own problems. Tribals are historically
    weaker sections of the society. They need the protection of the
    laws as they are gullible and fall prey to the tactics of
    unscrupulous people, and are susceptible to exploitation on
    account of their innocence, poverty and backwardness extending
    over centuries. The Constitution of India and the laws made
    thereunder treat tribals and tribal areas separately wherever

    12 (1996) 5 SCC 125
    13 [(2004) 10 SCC 65]

    20
    2026:JHHC:13049

    needed. The tribals need to be settled, need to be taken care of by
    the protective arm of the law, and be saved from falling prey to
    unscrupulous device so that they may prosper and by an
    evolutionary process join the mainstream of the society. The
    process would be slow, yet it has to be initiated and kept moving.
    The object sought to be achieved by the 1950 Act and the 1956
    Regulations is to see that a member of an aboriginal tribe
    indefeatably continues to own the property which he acquires and
    every process known to law by which title in immovable property
    is extinguished in one person to vest in another person, should
    remain so confined in its operation in relation to tribals that the
    immovable property of one tribal may come to vest in another tribal
    but the title in immovable property vesting in any tribal must not
    come to vest in a non-tribal. This is to see and ensure that non-
    tribals do not succeed in making inroads amongst the tribals by
    acquiring property and developing roots in the habitat of tribals.

    18. In Pandey Oraon v. Ram Chander Sahu the term “transfer” as
    used in Section 71-A of the Chota Nagpur Tenancy Act, 1908, came
    up for the consideration of the Court. “Transfer” was not defined
    in the Act. It was held that considering the situation in which the
    exercise of jurisdiction is contemplated, it would not be proper to
    confine the meaning of “transfer” to transfer under the Transfer of
    Property Act
    or a situation where “transfer” has a statutory
    definition. What exactly is contemplated by “transfer” in Section
    71-A is where possession has passed from one to another and as
    a physical fact the member of the Scheduled Tribe who is entitled
    to hold possession has lost it and a non-member has come into
    possession, would be covered by “transfer”. Their Lordships
    observed: (SCC p. 80, para 7)
    “7. The provision is beneficial and the legislative intention is
    to extend protection to a class of citizens who are not in a
    position to keep their property to themselves in the absence
    of protection. Therefore when the legislature is extending
    special protection to the named category, the court has to
    give a liberal construction to the protective mechanism which
    would work out the protection and enable the sphere of
    protection to be effective than limit by (sic) the scope.”

    Their Lordships referred to three earlier decisions of this Court,
    namely, Manchegowda v. State of Karnataka3, Lingappa
    Pochanna Appelwar v. State of Maharashtra4
    , Gamini Krishnayya
    v. Guraza Seshachalam5
    and a decision of the House of Lords in
    D (a minor) v. Berkshire County Council6 laying down the
    proposition that a broad and liberal construction should be given
    to give full effect to the legislative purpose.

    19. State of M.P. v. Babu Lal is an interesting case showing how
    this Court dealt with an artistic device employed by a non-tribal to
    deprive a tribal of his land. The M.P. Land Revenue Code, 1959
    imposed restrictions on the transfer of land by members of a
    Scheduled Tribe. Babu Lal, a non-tribal, filed a suit for declaration
    against Baddiya, a Bheel, notified Scheduled Tribe, for declaration
    that his name be recorded in the revenue record as bhumiswami
    over the land of Baddiya. Baddiya did not contest the suit and the
    parties filed a compromise conceding to the claim of Babu Lal. The
    State Government intervened and filed a petition in the High Court

    21
    2026:JHHC:13049

    seeking a writ of certiorari, submitting that the entire proceedings
    in the suit were in contravention of sub-section (6) of Section 165
    of the M.P. Land Revenue Code, 1959. The judgment of the civil
    court based on compromise was sought to be quashed. The High
    Court dismissed the petition holding that the State could pursue
    the alternative remedy of filing a suit for declaration that the
    decree was null and void. In appeal by special leave, this Court
    set aside the judgment of the High Court and issued a writ of
    certiorari to quash the judgment and decree passed in the civil suit.
    It was held: (SCC p. 436, para 5)
    “5. One of the principles on which certiorari is issued is
    where the Court acts illegally and there is error on the face
    of record. If the Court usurps the jurisdiction, the record is
    corrected by certiorari. This case is a glaring instance of
    such violation of law. The High Court was in error in not
    issuing writ of certiorari.”

    (underlining by us)

    20.The law laid down by this Court is an authority for the
    proposition that the court shall step in and annul any such
    transaction as would have the effect of violating a provision of law,
    more so when it is a beneficial piece of social legislation. A simple
    declaratory decree passed by a civil court which had the effect of
    extinguishing the title of a member of a Scheduled Tribe and
    vesting the same in a non-member, was construed as “transfer”
    within the meaning of Section 165(6) of the M.P. Land Revenue
    Code, 1959. Thus, we are very clear in our minds that the
    expression “transfer of immovable property” as defined in clause

    (f) of para 2 of the 1956 Regulations has to be assigned a very
    wide meaning. Any transaction or dealing with immovable
    property which would have the effect of extinguishing title,
    possession or right to possess such property in a tribal and vesting
    the same in a non-tribal, would be included within the meaning of
    “transfer of immovable property.”

    22. Thus, it is clear that the court shall step in and

    annul any such transaction as would have the effect of

    violating a provision of law; more so, when it is a beneficial

    piece of social legislation. Therefore, it is the duty of the

    Court including the Constitutional Courts to ensure that the

    tribals get the protection of the laws as they are gullible and

    are susceptible to fall prey to the tactics of unscrupulous

    people, and are vulnerable to exploitation on account of their

    innocence, poverty and backwardness.

    22

    2026:JHHC:13049

    23. The object sought to be achieved by the CNT Act is

    to see that a member of an aboriginal tribe indefeasibly

    continues to own the property and ensure that non-tribals

    do not succeed in making inroads amongst the tribals by

    acquiring property in a manner prohibited by the CNT Act.

    24. Having noticed that one of the object and purpose

    of the CNT Act is to protect the lands belonging to the

    aboriginal raiyat it has to be ascertained as to what is the

    purport of the term “includes” appearing in section 49 (as it

    existed at the relevant time) and the same is an important

    issue which falls for consideration for determination in the

    present petition.

    25. It is well settled that whenever a definition clause

    uses the word “includes”, it is so done in order to enlarge the

    meaning of the words or phrases occurring in the body of

    the statute, and when it is so used, these words of phrases

    must be construed as comprehending, not only such things

    which they signify according to their natural import, but also

    those things with the interpretation declare that they shall

    include [see State of Maharashtra v. Reliance Industries

    Ltd.,14 (paras 21 and 22)].

    26. The Hon’ble Supreme Court in the case of

    Karnataka Power Transmission Corporation v. Ashok

    14 (2017) 10 SCC 713

    23
    2026:JHHC:13049

    Iron Works (P) Limited,15 at paragraph 17 held that resort

    to the word “includes” by the legislature after shows the

    intention of the legislature that it wanted to give extensive

    and enlarged meaning to the relevant expression. However,

    sometimes the context may suggest that the word “includes”

    may have been designed to mean “means” and thus, for

    interpretation of the word “includes”, sufficient guidance

    may be provided by setting, context, and object of the

    relevant Act. Likewise, the Hon’ble Supreme Court in the

    case of South Gujarat Roofing Tiles Manufacturers

    Association v. State of Gujarat,16 held that generally

    “includes” is used as a word of extension, but there could

    not be any inflexible rule that the word ‘include’ should be

    read always as a word of extension without reference to the

    context.

    27. The right way therefore to interpret the provisions

    of section 49 CNT (as it stood earlier) is to read it in the

    context of the CNT Act.

    28. Section 49 has an overriding effect over the earlier

    provisions of section 46, 47 and 48, which imposed

    restrictions of transfer of raiyati rights. Therefore, if the

    words “for any reasonable and sufficient purpose” occurring

    15 (2009) 3 SCC 240
    16 (1976) 4 SCC 601

    24
    2026:JHHC:13049

    in section 49 construed liberally to include any purpose as

    reasonable and sufficient, then the provisions as contained

    in section 46, 47 and 48 would be rendered absolutely otiose

    and completely nugatory.

    29. In Urmila Dixit v. Sunil Sharan Dixit,17 the

    Hon’ble Supreme Court of India discussed in details the rule

    of purposive construction with respect to a beneficial

    legislation in the following manner:

    “8. To answer the issue at hand, it is imperative for this Court to
    discuss the rules of interpretation to be applied when interpreting
    a beneficial legislation akin to the Act at hand. While dealing with
    certain provisions of the Motor Vehicles Act, this Court in
    Brahampal v. National Insurance Co, observed that a beneficial
    legislation must receive a liberal construction in consonance with
    the objectives that the Act concerned seeks to serve.

    9. This Court in K.H. Nazar v. Mathew K. Jacoz reiterated the
    above expositions and stated that : (SCC pp. 135-36, paras 11 &

    13)
    “11. Provisions of a beneficial legislation have to be
    construed with a purpose-oriented approach. The Act should
    receive a liberal construction to promote its objects. Also,
    literal construction of the provisions of a beneficial
    legislation has to be avoided. It is the Court’s duty to discern
    the intention of the legislature in making the law. Once such
    an intention is ascertained, the statute should receive a
    purposeful or functional interpretation.

    ***

    13. While interpreting a statute, the problem or mischief that
    the statute was designed to remedy should first be
    identified, and then a construction that suppresses the
    problem and advances the remedy should be adopted. It is
    settled law that exemption clauses in beneficial or social
    welfare legislations should be given strict construction. It
    was observed in Shivram A. Shiroor v. Radhabai Shantram
    Kowshik
    that the exclusionary provisions in a beneficial
    legislation should be construed strictly so as to give a wide
    amplitude to the principal object of the legislation and to
    prevent its evasion on deceptive grounds.
    Similarly, in
    Minister Administering the Crown Lands Act v. NSW
    Aboriginal Land Council, Kirby, J. held that the principle of
    providing purposive construction to beneficial legislations
    mandates that exceptions in such legislations should be
    construed narrowly.”

    17 (2025) 2 SCC 787,

    25
    2026:JHHC:13049

    (emphasis supplied)

    10. More recently, in Kozyflex Mattresses (P) Ltd. v. SBI General
    Insurance Co. Ltd.
    , this Court held the definition of a consumer
    under the Consumer Protection Act, 1986 to include a company or
    corporate person in view of the beneficial purpose of the Act.

    11. While considering the provisions of the Medical Termination of
    Pregnancy Act
    , this Court in X2 v. State (NCT of Delhi), reiterated
    that interpretation of the provisions of a beneficial legislation must
    be in line with a purposive construction, keeping in mind the
    legislative purpose. Furthermore, it was stated that beneficial
    legislation must be interpreted in favour of the beneficiaries when
    it is possible to take two views.

    12. It is in the above background that we must proceed to examine
    the Act. The Statement of Objects and Reasons of the Act indicates
    the purpose behind the enactment, as relied upon by this Court in
    S. Vanitha v. Commr, is:

    “Traditional norms and values of the Indian society laid stress
    on providing care for the elderly. However, due to withering
    of the joint family system, a large number of elderly are not
    being looked after by their family. Consequently, many older
    persons, particularly widowed women are now forced to
    spend their twilight years all alone and are exposed to
    emotional neglect and to lack of physical and financial
    support. This clearly reveals that ageing has become a major
    social challenge and there is a need to give more attention to
    the care and protection for the older persons. Though the
    parents can claim maintenance under the Code of Criminal
    Procedure
    , 1973, the procedure is both time-consuming as
    well as expensive. Hence, there is a need to have simple,
    inexpensive and speedy provisions to claim maintenance for
    parents.”

    13. The Preamble of the Act states that it is intended towards more
    effective provisions for maintenance and welfare of parents and
    senior citizens, guaranteed and recognised under the Constitution.

    14. Therefore, it is apparent, that the Act is a beneficial piece of
    legislation, aimed at securing the rights of senior citizens, in view
    of the challenges faced by them. It is in this backdrop that the Act
    must be interpreted and a construction that advances the
    remedies of the Act must be adopted.”

    30. Therefore, the term “reasonable and sufficient

    purpose” must be interpreted in a manner which would be in

    consonance with the context and object of the CNT Act, 1908.

    31. The instances given in section 49 of the CNT Act

    as to what would constitute a “reasonable and sufficient

    purpose” is the reflection of the legislative policy and must

    guide the court to lead to an inference that not every purpose

    26
    2026:JHHC:13049

    cited by the tribal to obtain permission can be said to be a

    “reasonable and sufficient purpose” and purpose must be

    akin to what has been set out in the illustrations.

    32. In the application purportedly filed by the claimed

    predecessors of the private respondents to transfer the land,

    it was stated that they need the permission to get their paddy

    lands released and to purchase bullocks. Ex facie it appears

    that the grounds set out in the said application cannot be

    brought within the ambit of reasonableness and sufficiency

    as contemplated by the provisions of section 49 of the CNT

    Act. The existence of “reasonable and sufficient purpose” is

    the jurisdictional fact for exercise of powers under section 49

    CNT Act.

    33. In Shrisht Dhawan (Smt) v. M/s. Shaw Bros.,18

    an interesting discussion on “jurisdictional fact” is found in

    the concurring opinion of Hon’ble R.M. Sahai, J. (as his

    Lordship then was). It reads : (SCC pp. 551-52, para 19)

    “19. … What, then, is an error in respect of jurisdictional fact? A
    jurisdictional fact is one on existence or non-existence of which
    depends assumption or refusal to assume jurisdiction by a court,
    tribunal or an authority. In Black’s Legal Dictionary it is explained
    as a fact which must exist before a court can properly assume
    jurisdiction of a particular case. Mistake of fact in relation to
    jurisdiction is an error of jurisdictional fact. No statutory authority
    or tribunal can assume jurisdiction in respect of subject-matter
    which the statute does not confer on it and if by deciding
    erroneously the fact on which jurisdiction depends the court or
    tribunal exercises the jurisdiction then the order is vitiated. Error
    of jurisdictional fact renders the order ultra vires and bad. In Raza
    Textiles it was held that a court or tribunal cannot confer
    jurisdiction on itself by deciding a jurisdictional fact wrongly……..”

    18 (1992) 1 SCC 534

    27
    2026:JHHC:13049

    34. This Court is constrained to observe that the order

    purporting to grant permission to transfer the land under

    section 49 CNT Act is an order which suffers from grave error

    of jurisdiction and without the existence of any jurisdictional

    fact and the assumption of jurisdiction is nothing but an

    egregious fraud on the beneficial legislation. In State of

    Assam v. Banshidhar Shewbhagavan & Co.,19 the Hon’ble

    Supreme Court held as under:

    “8. …..There can be no doubt that if any authority exercised any
    power conferred on him by law in bad faith or for collateral
    purpose, it is an abuse of power and a fraud on the statute. In
    such a case there can be no difficulty in striking down that act of
    the authority by the issue of an appropriate writ under Article 226
    of the Constitution…..”

    35. The order granting permission is a glaringly,

    conspicuously, and extraordinarily bad act of deception. It is

    not merely a small mistake or a standard dispute, but a

    flagrant violation that is so obvious and reprehensible that it

    shakes the conscience of the Court. The order dated

    13.11.1959 passed by the Deputy Commissioner in Misc.

    Case No. 34/R/8/(II) of 1959-60 is a nullity and hence void

    ab initio. The order is unenforceable and no Court and / or

    authority can take cognizance of it. The validity of an order

    without jurisdiction can be tested in a collateral proceeding

    and especially when the same is sought to be enforced. The

    Courts including constitutional courts enforce rights but

    19
    (1981) 4 SCC 283

    28
    2026:JHHC:13049

    when no right is validly created by an order of an authority

    or court or any legislative or executive act, the courts would

    ignore such orders/ acts even in absence of a direct challenge

    to it.

    36. The case of the petitioners is completely founded

    on the order dated 13.11.1959 passed by the Deputy

    Commissioner in Misc. Case No. 34/R/8/(II) of 1959-60. It

    is trite that if the foundation goes the superstructure is

    bound to fall. In TRF Ltd. v. Energo Engg. Projects Ltd.,20,

    the Hon’ble Supreme court held that:

    “54. ….Needless to say, once the infrastructure collapses, the
    superstructure is bound to collapse. One cannot have a building
    without the plinth…”

    37. In State of Punjab v. Davinder Pal Singh

    Bhullar,21 the Hon’ble Supreme Court on similar lines, had

    elaborated the principle and the same applies with equal

    force in the present case.

    “106. The order impugned has rightly been challenged to be a nullity at
    least on three grounds, namely, judicial bias; want of jurisdiction by
    virtue of application of the provisions of Section 362 CrPC coupled with
    the principles of constructive res judicata; and the Bench had not been
    assigned the roster to entertain the petitions under Section 482 CrPC.
    The entire judicial process appears to have been drowned to achieve a
    motivated result which we are unable to approve of.

    107. It is a settled legal proposition that if initial action is not in
    consonance with law, all subsequent and consequential proceedings
    would fall through for the reason that illegality strikes at the root of the
    order. In such a fact situation, the legal maxim sublato fundamento cadit
    opus meaning thereby that foundation being removed, structure/work
    falls, comes into play and applies on all scores in the present case.

    108. In Badrinath v. Govt. of T.N. and State of Kerala v. Puthenkavu
    N.S.S. Karayogam
    this Court observed that once the basis of a
    proceeding is gone, all consequential acts, actions, orders would fall to
    the ground automatically and this principle is applicable to judicial,

    20 [(2017) 8 SCC 377]
    21 (2011) 14 SCC 770

    29
    2026:JHHC:13049

    quasi-judicial and administrative proceedings equally.

    109. Similarly in Mangal Prasad Tamoli v. Narvadeshwar Mishra this
    Court held that if an order at the initial stage is bad in law, then all
    further proceedings, consequent thereto, will be non est and have to be
    necessarily set aside.

    110. In C. Albert Morris v. K. Chandrasekaran this Court held that a
    right in law exists only and only when it has a lawful origin.
    (See also
    Upen Chandra Gogoi v. State of Assam, Satchidananda Misra v. State of
    Orissa
    , SBI v. Rakesh Kumar Tewari and Ritesh Tewari v. State of U.P.)

    111. Thus, in view of the above, we are of the considered opinion that
    the orders impugned being a nullity, cannot be sustained. As a
    consequence, subsequent proceedings/orders/FIR/investigation stand
    automatically vitiated and are liable to be declared non est.”

    38. In Employees’ State Insurance Corporation

    and others v. Jardine Henderson Staff Association and

    others,22 (para 61), the Hon’ble Apex Court held that relief in

    a writ of certiorari can be denied inter alia when it would be

    opposed to public policy or in a case where quashing of

    an illegal order would revive another illegal order.

    39. More recently the Hon’ble Supreme Court in Al-

    Can Export (P) Ltd. v. Prestige H.M. Polycontainers Ltd.,23

    has held as under:-

    “98. Assuming for the moment that the Additional Commissioner
    had no jurisdiction to adjudicate and decide the two appeals filed
    by Respondent 1 and Respondent 6, respectively, yet the common
    order passed by the Additional Commissioner allowing the
    appeals and remanding the matter back to the authority concerned
    could not have been disturbed and the High Court rightly did not
    disturb the same. Had the High Court taken the view that the
    Additional Commissioner had no jurisdiction and the order passed
    by it was a nullity, the result would have been the revival of the
    illegal order passed by the Additional Collector confirming the sale.

    99. It is well-settled principle in law that issuance of a writ or
    quashing/setting aside of an order if revives another pernicious or
    wrong or illegal order then in that eventuality the writ court should
    not interfere in the matter and should refuse to exercise its
    discretionary power conferred upon it under Article 226 of the
    Constitution. The writ court should not quash the order if it revives
    a wrong or illegal order. (Vide : Gadde Venkateswara Rao v. State
    of A.P.
    ; Chintamani Saran Nath Shahdeo v. State of Bihar; M.C.
    Mehta v. Union of India
    ; Mallikarjuna Mudhagal Nagappa v. State

    22 (2006) 6 SCC 581
    23 (2024) 9 SCC 94

    30
    2026:JHHC:13049

    of Karnataka; Chandra Singh v. State of Rajasthan and Raj Kumar
    Soni v. State of U.P
    .)”

    40. In the backdrop of the above position in law, this

    Court is of the considered view that all the contentions of

    petitioner leading to its attack to the order dated 17.02.2021

    passed by the Presiding Officer – cum- Minister, Revenue,

    Registration and Land Reforms, Government of Jharkhand

    in Misc Case No. 267 of 2020 (Annexure 16), directing

    restoration of the subject land and annulling the permission

    granted under section 49 CNT Act must fail; as setting the

    same aside would revive and restore the order dated

    13.11.1959 passed by the Deputy Commissioner in Misc.

    Case No. 34/R/8/(II)) of 1959-60, which has been held in

    earlier part of this judgment and order to be a nullity being

    an order without jurisdiction.

    41. Though the petitioners have raised various

    arguments, both on substantive and procedural, but, there

    is no doubt that all such argument emanate on the basis of

    the right purportedly created by the order dated 13.11.1959

    passed by the Deputy Commissioner in Misc. Case No.

    34/R/8/(II)) of 1959-60 and thus once the said order fails

    to satisfactorily withstand the legal challenge on the ground

    of jurisdiction, no further discussion on the subsequent

    proceedings is required.

    31

    2026:JHHC:13049

    42. However, the observations and directions made in

    the impugned order dated 17.02.2021 regarding initiating

    criminal proceedings by the Deputy Commissioner and the

    Anti-Corruption Bureau is misconceived and unwarranted

    to that extent the order dated 17.02.2021 is bad and

    requires interference. The Presiding Officer – cum- Minister,

    Revenue, Registration and Land Reforms, Government of

    Jharkhand while deciding an application under section

    49(5) is a Tribunal of limited jurisdiction and such directions

    are in excess of the jurisdiction vested in such authority.

    Hence such directions are set aside.

    43. This Court, for the reasons stated above, is not

    inclined to exercise its discretion under Article 226 or 227 of

    the Constitution in favour of the petitioners, especially

    having regard to the object and purpose of the CNT Act.

    44. The writ petition must fail except to the extent

    indicated above. Ordered accordingly. Costs made easy.

    Pending I.A.s, if any, also stands closed.

    (Deepak Roshan, J.)
    Dated:01/05/2026
    Amardeep/fahim
    A.F.R

    Uploaded on
    04.05.2026

    32



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