S K RAHIMUDDIN Vs. LAKHO DEVI

JUDGEMENT

(1.) In this writ application, the petitioners have prayed for quashing the order dated 9.12.1986 passed by the respondent No.2 the Commissioner, South Chotanagpur Division, Ranchi, in Lohardaga Revenue Revision No. 376/86 and also the order dated 30.5.1986 passed by the respondent No. 3, Additional Collector, Lohardaga in S.A.R. Appeal No. 15-R 15 of 1976-77 and order dated 29.3.1976 passed by respondent No. 4, Special Officer, Lohardaga, in Section A. R. Case No. 73/75. By the aforesaid orders, the respondents authorities ordered for restoration of land in favour of the private respondents in purported exercise of jurisdiction under Section 71A of the Chotanagpur Tenancy Act.

(2.) The facts relevant for the disposal of this case are that the respondent No. 1 Somra Singh Kherwar (now substituted on account of his death), son of Budhu Kherwar initiated a proceeding for restoration of land measuring 1.27 acres of R. Section Plot No. 137 under R.S. Khata No. 40 of village Hesa Pirhi P.S. Lohardaga, Distt. Ranchi, under Section 71A of the said Act against the petitioners.

(3.) The case of the respondent No. 1 is that one Mostt. Rudni Kherwarni, wife of Murli Singh was the recorded raiyat in respect of the aforesaid land and the died intestate. The respondent No. 1 claims that he is the nephew of the recorded tenant of Mostt. Rudhni and is a landless person and on the basis of that, the respondent No. 1 claimed restoration of land alleged to have came in illegal possession of the petitioners.