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Mahabir Mahto & Ors vs State Of Jharkhand & Ors on 27 August, 2012

11. It would thus be clear that sub-section (5) of Section 49 of the CNT Act empowers only the State Government to annul such transfer at any time within 12 years, if it finds that the consent of the Deputy-Commissioner was obtained in contravention of the provisions 7 of sub-section (1) and (2) by misrepresentation, or by fraud. In the present case, the transfer of the land made after obtaining permission of the Deputy Commissioner has been annulled by the Land Reforms Deputy Collector, Seraikella, who had no jurisdiction under the CNT Act to annul the same. Moreover, the said order has not been passed under sub-section (5) of Section 49 of the CNT Act, rather in a mutation proceeding, whereby the order of dispossession of the petitioner has been passed which was not permissible in view of the judgment of learned Division Bench of this Court rendered in the case of "Mahabir Mahto" (supra).
Jharkhand High Court Cites 29 - Cited by 9 - P C Tatia - Full Document
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