PREM LAL SAHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the order dated 2.5.1992 passed by learned Sub-Divisional Officer-cum-Special Officer, Gumla in S.A.R. Case No.86/89-90 (Annexure-7) whereby the land of Plot No.3034 appertaining to Khata No.167, area 06 decimals of village Sisai, P.S. and District Gumla was sought to be restored in favour of respondent no.5 under the provisions of Section 71A of the Chotanagpur Tenancy Act. The petitioner has further prayed for quashing of order dated 15.6.1992 passed by learned Additional Collector, Gumla in S.A.R. Appeal No.14/92-93 and also the order dated 18.5.1999 passed by learned Commissioner, South Chotanagpur Division in Gumla Revenue Revision No.107/1992. By the said orders the appellate and revisional authorities have, respectively, upheld the order of the Sub- Divisional Officer, Gumla.

(2.) The short fact of the case is that the respondent no.5 - Budhwa Oraon had filed an application before the Sub-Divisional Officer, Gumla under Section 71A of the Chotanagpur Tenancy Act praying for restoration of possession on the said land alleging that the land belonged to him and he was dispossessed illegally on the pretext of transfer of land of Khata No.167, Plot No.3034, area 06 decimals of village Sisai, P.S. and District Gumla in favour of the petitioner. The said case was registered as S.A.R. Case No.86/89-90.

(3.) The Sub-Divisional Officer issued notice to the opposite party and also called for a report from the Circle Officer, Sisai. The Circle Officer, Sisai submitted his report dated 20.12.1989. Learned Sub-Divisional Officer by his order dated 2.5.1992 allowed the application directing restoration of aforesaid land to the respondent no.5, though neither party had appeared and there was no hearing of the case.