SATYABATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The order dated 25th of October, 1980 passed by the Deputy Collector, Khunti in Case No. 333/79-80-TR No. 71/7980 in under challenge in the present case. By this impugned order the respondent-Deputy Collector, Khunti has allowed the petition, which was filed by the Respondent No. 7 under Section 7-A of Chotanagpur Tenancy Act (hereinafter referred to as 'CRT. Act') and Bihar Schedule Area Regulation, 1969. The same has been allowed in part and the petitioner has been ordered to restore the possession of 0.66 acres of land from the disputed plot in favour of Respondent No. 7. The appellate order dated 15th of July, 1985 passed by the respondent-Additional Collector, Ranchi in S.A.R. Case No. 57/ (R)-15/80-81 and the revisional order passed by the respondent-Commissioner, South Chotanagpur Division, Ranchi in S.A.R. Revision No. 146/85 are also under challenge, having confirmed the original order.

(2.) The land in question, which was subject-matter of petition under Section 71-A of the C.N.T. Act, was total measuring 2.66 acres of Plot No. 288 under Khata No. 133 in R.S. Khatiyan situated in Village-Baboikundi, P.S. Tamar in the district of Ranchi. The said land originally belonged to one Jagmohan Patar (ancestor of Respondent Nos. 6 to 8). The father of the petitioner, namely, Kali Nath Mahto purchased the same having paid consideration money, by two separate registered deeds of sale dated 19th of May, 1947 and 24th of June, 1947. Said Kali Nath Mahto thereafter came in possession of the same, which ultimately vested with the petitioner by a family arrangement. The petitioner is in possession of the land in question for a long period and is/was paying rent to the State of Bihar.

(3.) The provision of Section 71-A of the C.N.T. Act was promulgated subsequently in the year 1969. The Respondent No. 6, Shiveshwar Patar filed a petition under Section 71-A of the C.N.T. Act in the year 1977-78 for restoration of only 2 acres of land out of said Plot No. 288, Khata No. 133. The case was numbered as Case No. 459/77-78. The Deputy Collector, Khunti rejected the claim of said Respondent No. 6, Shiveshwar Patar by order dated 16th of September, 1978, passed in said Case No. 459/77-78 on the ground that the same was time barred. This order was not challenged by the respondents and become final. Subsequently the husband of Respondent No. 7, late Ram Kumar Patar (father of Respondent No. 8), who is nephew of Respondent No. 6, Shiveshwar Patar, filed a petition for restoration under Section 71-A of the C.N.T. Act for restoration of total area of 2.66 acres of land out of said plot No. 288. This time it was numbered as S.A.R. Case No. 333 of 1979-80. Notice was issued to the petitioner, when the petitioner filed show cause reply. The petitioner raised the following objection:-