MALATI MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing Annexures 2, 3 and 4 whereby the land pertaining to Thana No. 537, khata No. 8, Plot Nos. 48, 49, 88, 372, 418, 373, 549, 573, 574, 715 and 54 of vlllage-Bhadua, measuring 5.98 acres has been restored to respondent Nos. 5 to 7 by holding that petitioner came in possession of the aforesaid land as Sikmi Dakhalkar without obtaining necessary sanction from the Deputy Commissioner.

(2.) It is submitted by Sri P.C. Roy, learned counsel for the petitioner that it is admitted position that petitioner's ancestor came in possession of lands in question from before 1960 which will manifest from Annexure-1. It is further submitted that Annexure-5, the khatiyan was prepared in the year 1964 and in the said khatiyan also petitioner's ancestor, namely, Tipu Santhal was shown as Sikmi Dakhalkar. It is then submitted that restoration application was filed sometime in the year 1999, thus it is apparent that the same was filed after 40 years from the date of dispossession of respondent Nos. 5 to 7.

(3.) It is submitted that as per the provision contained under Section 71(A) of the Chhotanagpur Tenancy Act, the restoration application is required to be filed within 30 years. It is submitted that their Lordship of Supreme Court in Situ Sahu and Others v. State of Jharkhand and Others, 2004 4 JCR 211 held that if a restoration application is filed after 40 years from the date of dispossession, the said restoration application is not maintainable being barred by law of limitation.