BHOLA ORAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application, the petitioners have prayed for quashing the order dated 24.05.1997 passed by learned Commissioner, South Chhotanagpur Division, Ranchi in SAR Revision No. 243 of 1986, whereby learned Commissioner has set aside the order dated 18.3.1986 passed by learned Additional Collector, Lohardaga in SAR Appeal No. 64 R 15 of 1978 -79.

(2.) THE short facts of the case is that the land of Khata No. 115/44 of village -Merle, P.S. Kisko, Thana No. 63, District -Lohardaga (old district -Ranchi) was recorded in the name of Temba Oraon @ Yakub Kujur and Aijub Oraon, both sons of late Punia Oraon. The said recorded tenants had transferred land of Khata No. 115/44, measuring total area 7.33 acres in favour of one Kristopal Kujur by virtue of registered sale deed dated 7.9.1936. Kristopal Kujur, thereafter, came in possession of the land and his name was mutated in the office of ex -landlord and rent receipts were also granted to him by ex -landlord. Kristopal Kujur subsequently sold the said land to Sania Uraon, grand father of the petitioners and father of Banda Uraon and Khadi Uraon by virtue of registered sale deed dated 18.6.1940. The transferees got their names mutated in the office of ex -landlord and paid rent of the said land and rent receipts were granted to them.

(3.) IN the year 1977, a report was called for from the Circle Inspector, Kisko. Without making any enquiry and without properly going through the revenue records, he submitted perfunctory report and on that basis a proceeding under section 71A of Chhotanagpur Tenancy Act (hereafter referred to as the 'Act') was initiated by the Special Officer, Scheduled Area Regulation, Kisko (Lohardaga) being Land Restoration Case No. 8 of 1976 -77.