ANUPAMA ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application is directed against the order dated 18.8.1994 passed by the Commissioner, South Chotanagpur Division, Ranchi in Ranchi Revenue Revision No. 17/1992 whereby he has affirmed the order dated 27.12.1991, passed by the Deputy Commissioner, Ranchi in SAR Appeal No. 17R -15/1986 -87 and 22R -15/1987 -88, and directed for restoration of the land out of plot No. 633 of khata No. 55 situated at village Kokar, P.S. Lalpur, district -Ranchi under the provisions of Section 71 -A of the Chotanagpur Tenancy Act, 1908 (shortly CNT Act).

(2.) THE facts of the case lie in a narrowcompass :

(3.) AFTER remand by this Court the Special Court reconsidered the matter afresh by allowing the parties to lead evidence. The Special Officer recorded a finding that the land appears to have been converted into chapperbandi land and, therefore, Section 71 -A of the CNT Act is not applicable. Against the said order respondent No. 5 preferred an appeal before the Deputy Commissioner and Deputy Commissioner being the appellate authority allowed the appeal filed by respondent No. 5 and set aside the order passed by the Special Officer holding that the land in question was never converted into chapperbandi land. The petitioner then preferred revision before the Commissioner, South Chotanagpur Division who dismissed the revision application and affirmed the order passed by the Deputy Commissioner. Hence this writ application by the petitioner.