SHATURA MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing the common order dtd. 7/4/2012 (Annexure-5 to the writ petition) passed by the Commissioner, South Chotanagpur Division, Ranchi in S.A.R Revision No. 55 of 2006 and S.A.R Revision No. 62 of 2006, whereby the order dtd. 30/5/2006 passed by the Additional Collector, Ranchi in S.A.R Appeal No. 34 R-15 of 2003-04 has been modified by observing that since the land measuring an area of 2.24 acres settled through registered 'Bandobastinama' and the land measuring an area of 177 acres settled through 'Sada Hukumnama' (total 4.01 acres land) were validly acquired by the then landlord in the year 1938 by way of issuance of sale certificate and delivery of possession in his favour, the order of restoration not only for the land measuring an area of 2.24 acres, but also for the land measuring an area of 1.77 acres was liable to be set aside and accordingly, the order dtd. 7/1/2004 passed by the respondent no. 3 - the Land Reforms Deputy Collector, Khunti in S.A.R Case No. 01/2003-04 regarding restoration of entire land of 4.01 acres has also been set aside.

(2.) Learned counsel for the petitioner submits that the land of Khata No. 28 appertaining to Plot Nos. 340, 341, 347 to 353 (nine plots in number), Mouza-Palsa, P.S.-Karra, District-Khunti, measuring total area of 4.01 acres (hereinafter referred to as -the said land?) was recorded in the name of Budhuwa Munda and after his death, the same was inherited by his son Mulur Munda, who died leaving behind his only son namely, Satura Munda (the present petitioner). It is further submitted that prior to vesting of the said land in the State Government, neither the said ancestor of the petitioner had surrendered the same to the then landlord nor the said land was settled in favour of the ancestors/predecessors-in-interest of the private respondents and the said fact finds support from issuance of rent receipts by the revenue authority in favour of the petitioner.

(3.) It is further submitted that the petitioner preferred land restoration case being S.A.R Case No. 01/2003-04 under Sec. 71-A of the Chotanagpur Tenancy Act, 1908 before the respondent no. 3 - the Land Reforms Deputy Collector, Khunti as the private respondents were trying to illegally dispossess him from the said land. The respondent no. 3 vide order dtd. 7/1/2004, directed to restore the said land in favour of the petitioner with a further direction to the respondent no. 4 - the Circle Officer, Karra, Khunti to ensure delivery of possession of the said land to the petitioner. Pursuant to the order dtd. 7/1/2004, a proceeding of delivery of possession of the said land was initiated and the same was handed over to the petitioner. The private respondents preferred appeal before the Additional Collector, Ranchi which was registered as S.A.R Appeal No. 34 R-15/2003-04, who vide order dtd. 30/5/2006 partially modified the order passed in S.A.R Case No. 01/2003-04 and held that 2.24 acres of land was validly transferred in favour of the ancestors/predecessors-in-interest of the private respondents by the then landlord in the year 1946 by way of registered settlement.