MANBODH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Letters Patent Appeal is directed against a judgment dated 3rd March, 1986 passed by a learned single Bench of this Court in CWJC No. 399 of 1981 in terms whereof the writ application filed on behalf of the appellant for quashing the orders dated 19.11.1975 passed by the Deputy Collector, khunti, Ranchi, (respondent No. 2), the order No. 3 and the order dated 23.6.1978, passed by the Additional District Magistrate (respondent No. 3) and the order dated 13.3.1981 passed by the Commissioner, South Chhotanagpur Division, Ranchi (responded No. 4) copies whereof were marked as Annexures 2, 3 and 4 to the writ application respectively was dismessed.

(2.) The proceedings in which the aforementioned orders were passed arose by reason of filing of an application by respondent No. 6 purported to be in terms of Section 71A of the Chotanagpur Tenancy Act (hereinafter referred to as 'the Act'), for restoration of the land situate in village Mankidih, P.S. Tamar in the district of Ranchi, in respect of revisional survey settlement plot No. 254 measuring an area of 0.09 acres, plot No. 255 measuring an area of 0.32 acres, plot No. 258 measuring an area of 0.52 acres, plot No. 265 measuring an area of 0.41 acres and plot No. 268 measuring an area of 1.10 i.e. covering a total area of 2.44 acres.

(3.) In the aforementioned case which was registered as case No. 13 of 1970 -71, the petitioner having been noticed appeared and filed a show cause inter alia on the ground that the said application was not maintainable as no transfer of any land in his favour by a raiyat who is a member of Schedule Tribe is involved. It was further alleged that respondent No. 6 was by caste a Lohar and not Lohara. It was further alleged that the appellants 15.11.43, when Loharas were not the members of the Schedule Tribe. According to the appellants the Loharas were declared to be the members of Schedule Tribe in the Year 1950 in terms of the provisions of constitution (Schedule Tribes) Order, 1950