ARUN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been filed against the order dated 21.10.2008 passed in S.A.R. Revision No. 114 of 2008 confirming the order dated 29.12.2006 passed in S.A.R. Appeal No. 75(R) 15/2005-06 confirming the order dated 12.5.1997 passed in S.A.R. No. 176 of 1995 directing the Petitioner to restore the land in question in favour of the Respondent No. 5.

(2.) Mr. V. Shivnath, learned senior counsel appearing for the Petitioner submitted that the original order was passed ex-parte and Petitioner was not given proper opportunity of hearing, and his case has not been properly considered.

(3.) It appears from the aforesaid order dated 12.5.1997 that the said proceeding for restoration of land under Section 71 A of the Chhotanagpur Tenancy Act, was initiated by Respondent No. 5, against Ramesh Prasad, Birendra Prasad and Arun Prasad (Petitioner) all sons of late Nageshwar Prasad, resident of Dak Bunglow Road, Patna, Secretary, Neelanchal Sahkari Grih Nirman Samiti, Ranchi. Inspite of publication of notice in newspaper, no body appeared on behalf of the said opposite parties in the said proceeding. After considering the documents produced by Respondent No. 5- Birsa Oraon, the S.A.R. Officer allowed the petition and directed restoration of land in favour of Respondent No. 5.