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january 2003

Supreme Court of India · 2003-01-08

SHARDA DEVI vs STATE OF BIHAR

Citation / case number
SC 1996/77369
Court
Supreme Court of India
Petitioner
SHARDA DEVI
Respondent
STATE OF BIHAR
Author
R.C. Lahoti
Bench
BRIJESH KUMAR R.C. LAHOTI

Judgment text excerpt

The Supreme Court ruled that the appellant, Smt. Sharda Devi, was the rightful owner of the land in question, having purchased it through a registered deed from Deo Narain Prasad, who was granted a raiyati settlement. The Court held that the land was Gairmajrua Malik and not public land under the Bihar Public Land Encroachment Act, 1956, thus quashing the notice issued against her. The Court emphasized that ejectment could only occur under the Chota Nagpur Tenancy Act, which was not applicable in this case, affirming the High Court's decision to quash the proceedings initiated against the appellant.

SHARDA DEVI vs STATE OF BIHAR · Niyam