CHANKU ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition the petitioner has challenged the order dated 29/03/2000 (Annexure 3), passed by the Special Officer, Ranchi, the appellate order dated 03/09/2001 (Annexure 4), passed by the Deputy Commissioner, Ranchi and the revisional order dated 14/03/2002 (Annexure 5), passed by the Commissioner, South Chhotanagpur Division, Ranchi, whereby, the application filed by respondent Nos. 6 to 8 under Section 71 A of the Chhotanagpur Tenancy Act for restoration of the lands, was allowed.

(2.) The facts, in short, are that the lands of Khata No. 85 measuring 8.29 acres was recorded in the names of Tona Oraon, Cherga Oraon, Letho Oraon and Jhuba Oraon. Tona Oraon and Letho Oraon died issueless. Cherga Oraon had one daughter Nagia Orain, who was married to one Jata Oraon. The said Jata Oraon was taken in as 'Ghar Damad' by Cherga Oraon. According to the petitioner, as per Oraon customary law Jata Oraon became the legal heir and successor of Cherga Oraon. The petitioner is the son of Jata Oraon through Nagia Orain and, therefore, he has claimed to be the legal heir of Cherga Oraon. Jhuba Oraon died leaving behind two sons namely, Gandura Oraon and Suka Oraon. Suka Oraon died issueless and Gandura Oraon had three sons namely, Manga Oraon, Jhuba Oraon and Ghuran Oraon, i.e. respondent Nos. 6 to 8. Manga Oraon, i.e. respondent No. 6 herein, is the grand son of Jhuba Oraon.

(3.) The Special Officer, by order dated 29/09/1999, rejected the restoration application on the ground that the same was barred by resjudicata. This order of the Special Officer was challenged by the respondents in appeal. The appellate court set aside the order passed by the Special Officer and remanded the matter back to the Special Officer for fresh decision. After remand, the Special Officer by order dated 29/03/2000 (Annexure 3) allowed the restoration application in favour respondent Nos. 6 to 8 holding that the petitioner being the son of the daughter of Cherga Oraon was not his legal heir.