JAGDISH PRASAD SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HAVING heard the learned counsel for the respective parties on the question of delay in filing the appeal, we are satisfied that sufficient grounds have been made out for condoning the delay. The application (IA No. 2546/04) for condonation of delay is accordingly allowed and the delay in filing the appeal is condoned.

(2.) HAVING regard to the nature of the facts involved, the appeal is taken up immediately for disposal.

(3.) AS will appear from the order itself, the writ petitioner -appellant was challenging an order passed by the Additional Collector, Gumla, under Section 71 -A of the Chota Nagpur Tenancy Act, 1908. The aforesaid Act is a special Act, having certain special provisions dealing with rights of raiyats, who are the members of the Scheduled Castes and Scheduled Tribes, Although, Section 258 of the said Act imposes a bar in respect of civil suits such bar is only restricted to certain provisions of the Act and does not include an order under Section 71 -A of the aforesaid Act. Notwithstanding the fact that a decision in terms of Section 71 -A may also involve the provision of Section 46 of the said Act, it is quite clear that Section 46 does not deal with title but only in respect of transactions whereby right and/or possession changes hands. In our view, the remedy of the appellant -petitioner would, therefore, be by way of a Title Suit but not in the instant proceeding.