DEOSAGAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the order dated 25.08.1998 passed by the Commissioner, South Chotanagpur Division, Ranchi respondent no.2 in Lohardaga SAR Revision No.385/1988 (Annexure-6), whereby learned Commissioner has dismissed the petitioner's revision and upheld the order dated 11.10.1988 passed in SAR Appeal No.20- R-15/80-81 (Annexure-4) whereby the appellate court had dismissed the appeal filed against the order dated 21.04.1980 passed by Sub-Divisional Officer, Lohardaga in SAR Case No.164/79-80 (Annexure-3). The petitioner has also prayed for quashing the said appellate order (Annexure-4) as well as the order passed by learned Sub-Divisional Officer, Lohardaga (Annexure-3).

(2.) The short facts giving rise to this writ petition is that the respondent no.5 Sukhram Mahli had filed an application under the provision of Section 71A of the Chotanagpur Tenancy Act before the Sub-Divisional Officer, Lohardaga praying for restoration of land of Khata No.34, Plot No.476, area 78 decimals of village Chow, P.S. Senha, District Lohardaga. The same was registered as S.A.R. Case No.164/1979.

(3.) The petitioner had appeared in the said case and filed his reply stating, inter-alia, that there was no violation of Section 46 or any other provision of Chotanagur Tenancy Act as the land in question was auction sold in execution of a certificate of sale of land in Case No.131 of 1938-39. The Nazir of the Collectorate, Ranchi had given possession of the land to the auction purchaser Manager, Masmano Encumbered Estate in the year 1939. The sale thereof was confirmed by order dated 18.11.1940. The auction purchaser, thereafter, settled the land in question to one Andu Thakur by virtue of Hukumnama dated 25.07.1941. The petitioner and his brothers purchased the said land from the said Andu Thakur by virtue of registered sale deed in the year 1975. There was no violation of Section 46 or any other provision of Chotanagpur Tenancy Act and the provisions of Section 71A of the Chotanagpur Tenancy Act is not attracted.