GODWIN EKKA Vs. STATE OF BIHAR

JUDGEMENT

(1.) RESPONDENT No. 4 had filed an application before the Additional Collector under Section 71 -A of the Chhotanagpur Tenancy Act (hereinafter to be referred as the "Act" for the sake of convenience) for restoration of altogether 23 plots under Khata No. 257 situated in village Gotra PS Simdega, District Ranchi (now Gumla) on the ground that the transfer of the land was in violation of Section 46 of the Act.

(2.) BEING aggrieved by the said order of Deputy Collector, respondent No. 4 filed an appeal before the Additional Collector, Gumla who by his order dated 27.4.1984 allowed the appeal, set aside the order of the Deputy Collector and ordered for restoration of the lands in question in favour of the respondent No. 4. The said order of the Additional Collector has been annexed as Annexure 2 to this writ application.

(3.) FROM perusal of the Revisional order it appears that the learned Commissioner has held that jarpeshgi deed as well as dar raiyati are valid for only five years as per the relevant provision of the said Act and they do not confirm on transferee the rights of a raiyat. It was held that the transfer of the land was made without prior permission of the Deputy Commissioner as per the provisions of the Act.