Supreme Court of India · 2004-09-10
SITU SAHU vs STATE OF JHARKHAND AND OTHERS
- Citation / case number
- SC 1998/4044
- Court
- Supreme Court of India
- Petitioner
- SITU SAHU
- Respondent
- STATE OF JHARKHAND AND OTHERS
- Author
- Srikrishna
- Bench
- B.N. SRIKRISHNA SHIVARAJ V. PATIL
Judgment text excerpt
The Supreme Court upheld the decision of the Patna High Court, affirming the application of Section 71A of the Chota Nagpur Tenancy Act, 1908, which protects the rights of scheduled tribes over land. The Court found that the surrender of tenancy by some co-sharers without the consent of all was illegal, and thus the appellants' claim to the land was invalid. The Court held that the legislative intent of Section 71A is to provide protection to marginalized communities, and the High Court's dismissal of the writ petition was justified.