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september 2004

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.

SITU SAHU vs STATE OF JHARKHAND AND OTHERS · Niyam