LAWS(JHAR)-2013-7-71

JAGJIWAN SINGH Vs. STATE OF BIHAR (NOW JHARKHAND)

Decided On July 18, 2013
JAGJIWAN SINGH Appellant
V/S
STATE OF BIHAR (NOW JHARKHAND) Respondents

JUDGEMENT

(1.) The petitioner, by way of filing the present writ petition under Article 226 of the Constitution of India, has prayed for quashing and setting aside the order dated 22.4.1986 (Annexure-3 to this petition) passed by respondent No. 4 in S.A.R. Case No. 201 of 1979-80 by which, the land measuring an area of 1.07 acres out of Plot No. 71 of Khata No. 29 situated at Village-Hesway, P.S.-Senha, District-Lohardaga has been ordered to be restored in favour of the mother of the respondent No. 5 under the provisions contained in Section 71A of the Chotanagpur Tenancy Act. It is further prayed for quashing the order dated 27.9.96 passed by the Commissioner, South Chotanagpur Division, Ranchi in Lohardaga Revenue Revision No. 116 of 1989 allowing the revision filed by respondent No. 5 and setting aside the order of the Addl. Collector, Lohardaga passed in SAR Appeal No. 68-R-15/81-82 and confirming the order of the S.D.O., Lohardaga. Heard the learned counsel for the petitioner as well as the learned counsel for the respondents and perused the order impugned as well as materials placed on record.

(2.) The facts giving rise to the present petition are as under;

(3.) Being aggrieved and dissatisfied with the said order, the petitioner preferred SAR Appeal being SAR Appeal No. 68-R-15/1981-82 before the Additional Collector, Lohardaga impleading the respondent No. 5 the only legal heir of Masomat Deo Kuwar and the said appeal was allowed by terms of the order dated 27.6.1987 and the order dated 22.4.1986 passed by the SDO, Lohardaga for restoration of the land was set aside. Thereafter, respondent No. 5, being aggrieved by the said order, filed Lohardaga Revision No. 116/89 before the Commissioner, South Chotanagpur Division, Ranchi which was allowed by terms of the order dated 27.9.1996 and the order passed by the Additional Collector was set aside and the order passed by the SDO for restoration of the land was confirmed.