JIWAN LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) In these two writ applications since common question of law is involved, the same are disposed of by this common judgment.

(2.) The question that falls for consideration is whether in view of specific provision made under Sub-section (5) of Section 49 of the Chotanagpur Tenancy Act (in short CNT Act or the said Act) for annulment of transfer, the provision of Section 71-A of the said Act can be resorted to for restoration of land

(3.) In CWJC No. 2321/91 (R) petitioners' case is that he purchased land comprised within R.S. plot Nos. 1947, 1948 and 1949 under Khata No. 79 of village-Booti, district Ranchi from the sons of Bipta Pahan, the recorded tenant who inherited him after his death. Before purchase of the land permission was duly accorded by the Deputy Commissioner under Section 49 of the said Act by order dated 11.11.1959 in Misc. Case No. 34-R (2) of 1959-60. The transfer of the land was then made by virtue of a registered sale deed dated 2.12.1959 and the consideration amount fixed by the Deputy Commissioner was paid to the vendors. Petitioner's further case is that after purchase he got his name mutated in the office of the State of Bihar vide Mutation Case No. 51-R 27/1960-61. In the year 1991 respondent No. 4 claiming himself to be the heir of the recorded tenant filed an application purported to be under Section 71-A of the CNT Act against the petitioner claiming restoration of the land on the ground, inter alia, that the transfer was effected by illegal manner. The said application was registered as SAR case No. 185/1990-91 in the court of respondent No. 3, the Special Officer. Scheduled Area Regulation. Ranchi. On being noticed, the petitioner filed show cause and also a separate application challenging the jurisdiction of the Special Officer to entertain the application under Section 71-A of the said Act. The Special Officer, by the impugned order, held that the application under Section 71A of the said Act is maintainable.