MD.MUNNA ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE writ petitioners -appellants being dissatisfied with the judgment and order dated 30th August, 1999 passed by learned single Judge in C.W.J.C. No. 3660 of 1998(R), preferred this appeal on the ground that they acquired right and title over the land in question and the application under Section 71A of Chhotanagpur Tenancy Act (C.N.T. Act for short) preferred by 5th respondent, Poulus Oraon was not maintainable being barred by limitation.

(2.) THE land in question measuring 0.24 acres out of R.S. Plot No. 783 under Khata No. 7 is situated at village -Pugru, P.S. Hatia, District -Ranchi. It belonged to the ancestor of 5th respondent, Poulus Oraon, a Scheduled Tribe. Lakho Oraon (since deceased), father of 5th respondent filed an application under Section 71A of the C.N.T. Act before the Special Officer, Scheduled Area Regulation, Ranchi for restoration of land in his favour, which was registered as SAR Case No. 10 of 1988 -89. The first revenue court corning to the conclusion that the land in question is wrongly in possession of appellants in contravention of Section 46 of C.N.T. Act. Vide order dated 18.8.1993, restored the land in favour of Lakho Oraon (since deceased), father of 5th respondent. The appellants thereafter preferred SAR Appeal No. 79 -R 15 of 1993 -94 which was dismissed on 4.10.1993 followed by dismissal of Revision case being Ranchi Revenue Revision No. 399 of 1993 as was preferred by the appellants.

(3.) IT is pertinent to mention that the appellants produced certain evidence to claim right, title, possession and construction of structure.