GOPAL CHETTRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present petition has been preferred against the order, passed by the Special Officer, S.A.R., Ranchi in SAR Case No. 110 of 2005-06 dated 1st of September, 2008 (Annexure-'9') mainly on the ground that on earlier occasion also similar type of litigation has already been decided between the parties to the dispute for the very same land, in question.

(2.) It is submitted by the Learned Counsel for the petitioner that initially, the property was vested in Mr. Bigalaha Pahan. Thereafter, he sold the property with proper permission, in the Month of October, 1944 to Rai Bahadur Harak Chand Jain, who upon proper permission, transferred the land, in question, on 27th March, 1955 to one Smt. Sumitra Devi by converting the land into Chapparbandi by registered document. Upon transfer of the land to Sumitra Devi, there was a construction of super-structure thereupon and ultimately the property was transferred by Sumitra Devi to Brigadier Frank. Huge Stevens and this property was transferred to him on 1st June, 1973. Thereafter as the petitioner was serving with the aforesaid Brigadier, ultimately the property, in question, by way of a will, executed by the said Brigadier and by proper probate etc., was transferred in favour of the petitioner, and this is how he become owner of the property, in question. The property has been transferred to the petitioner from a non-tribal and it is, therefore, submitted by the Learned Counsel for the petitioner that the provisions of Section-48 of the Chotanagpur Tenancy Act is not applicable in the facts of the present case and, therefore, the order, passed by the Special Officer, S.A.R., Ranchi dated 1st September, 2008 in S.A.R. Case No. 110 of 2005-06 at Annexure-'9' to the memo of petition, deserves to be quashed and set: aside.

(3.) I heard Learned Counsel for the respondents, who has submitted that in fact, S.A.R. Case No. 110 of 2005-06, is decided in favour of the respondents i.e. private respondent No. 4 and the respondent No. 4 is the owner of the property and therefore, he has preferred an application under Section 71 of the Chotanagpur Tenancy Act.