SK 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 S.A.R. Case No. 73/75. By the aforesaid orders, the respondents authority 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 Samra 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.S. Plot no. 137 under R.S. Khata No. 40 of village Hasa Pirhi P.S. Lohardaga, Dist. Ranchi, under Section 71A of the said Act against the petitioners.

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