BIBI MAKHO Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application, the petitioner has challenged the order dated 9.11.1993 passed by the Additional Collector, Lohardaga, in SAR Case No. 5 of 1993 -94 as contained in Annexure -4 to the writ application, whereby the Additional Collector, Lohardaga, ordered to restore 0.82 acres out of plot No. 395 of Khata No. 62 situated at Village -Kasidih, PS -Kisko, District -Lohardaga in favour of the Respondent No. 4, in a proceeding under Sec. 71 -A of the Chotanagpur Tenancy Act. The petitioner has also challenged the order dated 2.9.1996 passed by the Commissioner, South Chotanagpur Division, Ranchi, in Lohardaga Revenue Appeal No. 463 of 1993 as contained in Annexure -5 to the writ application, whereby the learned Commissioner, South Chotanagpur Division, Ranchi dismissed the appeal filed by the petitioner against the order of the Additional Collector dated 9.11.1993.

(2.) THE case of the petitioner is that Birsu Oraon son of Gora Oraon was the recorded Raiyat with respect to the aforesaid Khata No. 62. He, by a registered deed of surrender, dated 4.5.1935, surrendered the land in question to the ex -landlord, since he was not in possession to cultivate the land and thereafter it is said that the husband of the petitioner acquired the aforesaid land in question by settlement from the landlord and his name was also mutated and he was paying the rent also.

(3.) THE order of the LRDC, Lohardaga dated 12.2.1993 became final as no appeal was filed against the said order.