RAM SEWAK SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal under clause 10 of the Letters Patent is directed against the order/judgment dtd. 14/8/2018 passed by the learned Single Judge of this Court in W.P.(C) No. 6437 of 2010, whereby and whereunder the learned Single Judge has refused to interfere with the order passed by the appellate as well as revisional authority by dismissing the writ petition.

(2.) The brief facts of the case as per the pleading made in the writ petition, which require to be enumerated herein, read as under: The private respondents had filed an application for restoration of land under Khata No. 79, Plot Nos. 1116 and 1119 of Village Dighiya, P.S.- Bero, District- Ranchi under Chotanagpur Tenancy Act. The plot no.1116 having area of 0.65 decimals of land of the aforesaid village was sold to Khaiya Sahu and Bodha Sahu in the year 1946 by Morha Oraon and Sukhu Oraon over which Bodha Sahu and Karu Sahu have constructed house and are residing over the same and Karu Sahu also constructed a house in the year 1948 on 0.03 acres of land over the said plot. Two cases were instituted bearing SAR No. 94 of 1993-94 and SAR No. 95 of 1993-94 and the concerned authority allowed the application for restoration and on the basis of report of the Circle Officer indicating that the period of construction over the property was around 35 years old, permitted the petitioners to retain the property upon payment of compensation. Against this, the private respondents filed appeal before the appellate authority being S.A.R. Case No. 02 R15/1998 - 99 and the appellate authority passed the order dtd. 24/6/2010 setting aside the order dtd. 28/1/1998 passed in SAR Case No. 94/1993-94 and SAR Case No. 95/1993-94. Being aggrieved with the appellate order, the writ-petitioners filed revision being S.A.R. Revision No. 60 of 2010 but the said revision was also dismissed vide order dtd. 16/11/2010. Being aggrieved with the same, the writ petitioners approached before this Court by filing writ petition being W.P.(C) No. 6437 of 2010 which has also been dismissed declining to interfere with the order passed by the appellate as well as the revisional authority, against which the instant appeal has been preferred.

(3.) It is evident from the factual aspect as per the pleading made in the writ petition as referred hereinabove that two cases were instituted bearing Case No. 94 of 1993-94 and Case No. 95 of 1993-94 for the purpose of restoration of land being land under Khata No. 79, Plot Nos. 1116 and 1119 of Village Dighiya, P.S.- Bero, District- Ranchi under Sec. - 71A of Chotanagpur Tenancy Act, 1908. It needs to refer herein that the present appeal is only with respect to the order passed in connection with plot no. 1116 which. The Special Officer, Scheduled Area Regulation has passed an order under second proviso to Sec. 71-A of the Chhotanagpur Tenancy Act by coming to the conclusion that the land was having with the substantial structure existing prior to coming into effect of the Scheduled Area Regulation Act, 1969. Accordingly, the compensation was directed to be paid as per the statutory command as under second proviso to Sec. 71-A of the CNT Act, 1908. The private respondents preferred an appeal being S.A.R. Case No. 02 R-15/1998 - 99 which was allowed by quashing and setting aside the order dtd. 28/1/1998 passed in SAR Case No. 94/1993-94 and SAR Case No. 95/1993-94. The appellants-writ petitioners, being aggrieved with the order passed by the appellate authority, has preferred a revision being S.A.R. Revision No. 60 of 2010 which was dismissed vide order dtd. 16/11/2010 declining to interfere with the order passed by the appellate authority against which the writ petition was filed being W.P.(C) No. 6437 of 2010 which has been dismissed against which the present appeal has been preferred.