SHANTI PANDEY Vs. STATE OF JHARKHAND, THE DIVISIONAL COMMISSIONER, SOUTH CHHOTANAGPUR DIVISION, RANCHI, THE DEPUTY COMMISSIONER, RANCHI, THE SPECIAL OFFICER, SCHEDULE

JUDGEMENT

(1.) HEARD Shri V. Shivnath, Sr. Advocate, assisted by Mr. Birendra Kumar, Advocate, on behalf of the petitioner and Mr. V.K. Prasad, Standing Counsel (Land & Ceiling) on behalf of the respondents.

(2.) THE instant writ petition is preferred challenging the order passed by Respondent No. 2the Commissioner, South Chhotanagpur Division, Ranchi dated 11.12.2001 in Ranchi S.A.R. Appeal No. 2 of 2001 confirming the order dated 20.10.2000 passed by Respondent No. 3Deputy Commissioner, Ranchi in Appeal No. 56 R 15 of 199798 upholding the order dated 19.07.1997 passed by Special Officer, Schedule Area Regulation, Ranchi in S.A.R. Case No. 109 of 199293 restoring the land of the petitioner in favour of the respondent.

(3.) LEARNED counsel has also placed a copy of the original sale deed which is part of the lower court records to demonstrate that the sale deed clearly mentions that the land was converted into Chhaparbandi, vide a deed dated 15.05.1953. The two S.A.R. Case Nos. 108 of 199293 and 110 of 199293 were dismissed on the ground that plot No. 1029 of Khata No. 99 is now Chhaparbandi and, therefore, the Special Officer, vide order dated 13.05.1996 was of the view that the provisions of C.N.T. Act is not applicable. Learned counsel submits that orders in the two S.A.R. Cases were brought on record in the court of Commissioner, South Chhotanagpur Division, Ranchi in S.A.R. Revision No. 2 of 2001.