JHALKU AHIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application is directed against the order dated 14-2-1986 passed by respondent No. 3 and as contained in Annexure 3 to the writ application and the order dated 18-10-1986 passed by respondent No. 2 as contained in Annexure 4 to the writ application.

(2.) THE fact of the matter lies in a very narrow compass.

(3.) ACCORDING to the petitioner, the said lands had all along been in possession of his grand father and upon his death by his father and thereafter by him and they had all along been paying rent to the ex-landlord and upon vesting of his estate in the State of Bihar to the office of the State of Bihar also. In the year 1977, respondent No. 5 filed an application before the Special Officer, Regulation, Gumla for restoration of the land which was tegistered as S. A. R 1235/1976-77. The said application was rejected by the Special Officer, Gumla, by his order dated 30-6-1977. No appeal was preferred by respondent No. 5 as against the said order. However, in 1979, another application for restoration was filed by respondent No. 5 before respondent No. 4 purported to be in terms of Section 71-A of the Chotanagpur Tenancy Act which was registered as SAR case No. 428/1979-80. By an order dated 28-3-1991 as contained in Annexure 2 to the writ application, respondent No. 4 rejected the said application.