GANESH BHAGAT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant writ petition is preferred challenging the order dated 19.07.2006 passed by Respondent No. 2 in S.A.R. Appeal No. 105 1998 and order dated 30.06.1998 passed by Respondent No. 3 in S.A.R. Case No. 4 of 1991-92. The dispute relates to the restoration of the land i.e. plot No. 232 measuring an area of 1 acre 18 decimals. The private respondent initially filed a case, vide Misc. Case No. 381 of 1976 for restoration of the land under Section 71-A of the Chhotanagpur Tenancy Act against one Sheo Nandan Sahu, which was dismissed, vide order dated 25.07.1977 (Annexure- 1 to the writ petition). The application was rejected on the ground that the land in question does not fall within the category of Section 46 of the C.N.T. Act. A second restoration application was preferred, vide S.A.R. Case No. 70 of 1985 against one Jagarnath Koeri. The land of the said person was a bakast land and another case, vide S.A.R. Case No. 74 of 1985 was filed against the present petitioner. The third case registered as S.A.R. Case No. 78 of 1985 was filed against the petitioner. All these three cases were decided simultaneously, but the decision in the case No. 70 of 1985 against Jagarnath Koeri was the leading case. After a lapse of certain time, another case vide S.A.R. Case No. 4 of 1991 was preferred before the D.C.L.R., Ranchi in respect of the same land.

(2.) Submission of the Learned Counsel is that the land in question i.e. plot No. 232 is a khatiani land and in the name of the petitioner's father, as shown in the khatian. The name of the father of sheo Nandan Sahu is also mentioned, who was earlier made a party when the first S.A.R. case was instituted. Thus, on this basis, the petitioner emphasised that this is sufficient to substantiate that the land in question was in the hands of the petitioner prior to the Survey Settlement of 1935.

(3.) The respondent preferred an application under Section 71-A of the C.N.T. Act which was registered as S.A.R. Case No. 2/R-8/1992-93 between Ranglal Singh Munda Vs. Ganesh Bhagat. The Circle Officer rejected the claim of the respondent, vide order dated 30.11.1992 holding that the Misc. Case preferred in the year 1976 and decided by Special Officer that the land in question is bakast land and, therefore, the claim of the respondent is baseless. No appeal was preferred against the order of the Circle Officer dated 30.11.1992, but the D.C.L.R., vide order dated 30.06.1998 allowed the S.A.R. Case No. 4 of 1991 and directed the competent authority to restore the property in question. The said order is annexed as Annexure- 6 to the writ petition. The petitioner preferred S.A.R. Appeal No. 105/R-15/1998-99 (Ganesh Bhagat Vs. Ranglal Singh Munda), which was dismissed by Respondent No. 2- the Deputy Commissioner, Ranchi, vide order dated 19.07.2006. Both the orders are challenged in the writ petition.