SATVANT KAURARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the respondent-State.

(2.) This writ petition has been filed for the following reliefs:-

(3.) Learned counsel for the petitioners has submitted that the entire proceedings under Sec. 71A of Chotanagpur Tenancy Act is hit by the principles of res judicata in view of the fact that two of the full brothers of the respondent nos. 6 and 7 had earlier participated in the proceedings under Sec. 71A of Chotanagpur Tenancy Act in S.A.R. Case No. 267 of 1976-1977, in which, ultimately an amount of compensation was to be paid. Against the quantum of compensation, those two brothers had moved the appellate authority, but the appeal was dismissed for default. He submits that the present respondent nos. 6 and 7 filed another application for restoration of land under Sec. 71A vide petition dtd. 26/11/1996. He submits that the two brothers having moved earlier, the subsequent petition filed by the other two brothers is barred by res-judicata. The learned counsel submits that the principle of res judicata will apply in view of the fact that the two full brothers of the respondent nos. 6 and 7 had already participated in the earlier proceedings for restoration under Sec. 71A. The learned counsel for the petitioners has relied upon the following judgments: